DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 48
ARTICLE XI (cont.)
11.4. Condemnation of Portions of Units (cont.).
taken Unit razed and charge the costs to the Owner as a Special Assessment. The remaining portions of the taken Unit and appurtenant Exclusive Use Area shall become part of the Association Property, and the Owner of such taken Unit, by acceptance of the award allotted to them in taking proceedings and failure to provide the Board with notice of intent to rebuild, hereby relinquish (a) to the other Owners in such Phase, on the basis of their relative ownership of the Common Area therein, such Owners' undivided interest in the Common Area, and (b) to the Association, the remaining portions of the Unit and the appurtenant Exclusive Use Area. Each Owner relinquishing his interest in the Common Area pursuant to this Section shall, at the Board's request and at the Association's expense, execute and acknowledge such deeds and other instruments which the Board deems necessary or convenient to evidence such relinquishment. Each Owner of a taken Unit or Residence is not liable for assessments under this Declaration which accrue on or after the date such Owner accepts his condemnation award.
11.5. Portions of Awards in Condemnation Not Compensatory for Value of Real Property.
Those portions of awards in condemnation which do not directly compensate Owners for takings of real property (e.g., awards for takings of personal property, relocation expenses, moving expenses, or other allowances of a similar nature intended tn facilitate relocation) shall be paid to the Owners whose personal property is taken, or whose relocation is intended to be facilitated.
11.6. Notice to Owners and Mortgagees.
The Board, upon learning of any taking affecting a material portion of the Property, or any threat thereof, shall promptly notify all Owners and those Beneficiaries, insurers and guarantors of Mortgages on Condominiums in the Project who have filed a written request for such notice with the Association. The Board, upon learning of any taking affecting a Unit, or any threat thereof shall promptly notify any Beneficiary, insurer or guarantor of a Mortgage encumbering such Unit who has filed a written request for such notice with the Association.
ARTICLE XII
12. Rights of Mortgagees.
Notwithstanding any other provision of this Declaration, no amendment or violation of this Declaration defeats or renders invalid the rights of the Beneficiary under any Deed of Trust upon one (1) or more Condominiums made in ·good faith and for value, provided that after the foreclosure of any such Deed of Trust such Condominium(s) will remain subject to this Declaration. For purposes of this Declaration, "first Mortgage" means a Mortgage with first priority over other Mortgages or Deeds of Trust on a Condominium, and "first Mortgagee" means the Beneficiary of a first Mortgage. For purposes of any provisions of the Restrictions which require the vote or approval of a specified percentage of first Mortgagees, such vote or approval is determined based upon one (1) vote for each Condominium encumbered by each such first Mortgages in order to induce VA, FHA, FHLMC, GNMA and FNMA to participate in the financing of the sale of Condominiums, the following provisions are added hereto (and to the extent these added provisions conflict with any other provisions of this Declaration or any other of the Restrictions, these added provisions control):