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PARTY WALLS - Each wall, including common garage walls and common fences, which is built as a part of the original construction of a dwelling unit and placed on the dividing line between the dwelling units shall constitute a party wall, and, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.
A. The cost of reasonable repair and maintenance of a party wall shall be shared equally by the owners thereof.
B. If a party wall is destroyed or damaged (including deterioration from ordinary wear and tear and lapse of time) other than an act of an adjoining owner, or the agent, invitee or family of such other, it shall be the obligation of the owners to rebuild or repair same at their joint and equal expense.
C. If a party wall is destroyed or damaged through an act of an owner or the agent, invitee or family of an owner, it shall be the obligation of such owner to rebuild or repair same at the sole cost of such owner.
D. In the event of any dispute arising concerning a party wall, each party shall choose one arbitrator, and such arbitrators shall chose one additional arbitrator and the decision shall be by a majority of all the arbitrators. Arbitrators to be appointed by the interested parties shall be appointed within fifteen (15) days of any call for arbitration and the additional arbitrator shall be appointed within ten (10) days thereafter. The decision of the arbitrator shall be made within twenty (20) days of the appointment of all arbitrators and their decision shall be final and conclusive on the matter involved. The parties shall share equally the costs of arbitration.
EASEMENTS - There shall be and is hereby impressed on the real estate covered by this instrument an easement for reasonable ingress and egress by or on behalf of the owner of any dwelling unit for the purpose of repair, maintenance, replacement or improvements or other needful purpose on such adjoining owner's property. Should any portion of any dwelling unit or other improvement as originally constructed overhang or encroach on an adjacent property, the owner of such dwelling unit or other improvement shall have an easement on such adjacent property so that such overhanging or encroaching portion of such dwelling unit or improvement shall be permitted, and including the right of such owner to enter upon such adjacent property for the purpose of necessary repair and maintenance of such overhanging or encroaching portion of such dwelling unit or other improvement.
INSURANCE - DAMAGE AND DESTRUCTION Each dwelling unit shall be insured against loss or damage by fire or other hazards as are covered under standard extended coverage insurance policies. In all events, the obtaining and maintenance of such insurance shall be governed by the following:
A. Each dwelling unit shall at all times be insured in an amount equal to the full replacement cost thereof.
B. Regardless of how such insurance is purchased or by whom, the owner of the adjoining dwelling unit shall at all times be named as an additional insured, and a copy of each policy, including any renewal or additional policy, shall be delivered to the adjoining dwelling unit owner.
In case of fire or other casualty covered by such insurance, the insurance proceeds shall be applied to reconstruction or repair of the improvements. The affected dwelling unit shall be restored to substantially the same condition in which it existed prior to the fire or other casualty, with the same vertical and horizontal dimensions as before.
MAINTENANCE OF DWELLING UNITS AND ADJOINING PROPERTY Each dwelling unit owner shall maintain and keep his dwelling unit and adjoining property in good order and repair and shall do nothing which will prejudice the structural integrity or increase the rate of insurance on the improvements or which would be in violation of law. The exterior original finishing colors on all dwelling units shall be maintained and not changed without approval of the adjoining dwelling unit owner. The Grantor, or her successor in interest, shall maintain the yard areas and no plantings or other vegetation shall be placed in the yard areas by the owners, except as shall be approved by the Grantor, and her successor in interest.
SALE OR OTHER DISPOSITION
A. The adjoining dwelling unit owner shall have the right of first refusal wherein the owner of a dwelling unit chooses to sell or lease the same; this right of first refusal is the right to buy or lease the dwelling unit at the same price or terms that the owner's buyer or lessee is willing to pay.
B. A dwelling unit owner wishing to sell shall give the adjoining dwelling unit owner at least thirty (30) days written notice of a proposed sale or lease, together with the names and addresses of the prospective buyers or lessees, and financial and character references as to the buyers or lessees. A full disclosure of terms of sale is required herein.
C. The adjoining dwelling unit owner shall exercise the right of first refusal, as to a proposed lease or sale, by a writing to purchase or lease the same within thirty (30) days of written receipt of the aforesaid information.
D. In the event that the adjoining dwelling unit owner fails to respond within thirty (30) days or responds negatively in writing, the owner shall have ninety (90) days to consummate the terms of sale or lease previously communicated to the adjoining dwelling unit owner. If the owner fails to complete such transaction within said period of time, the dwelling unit shall again be subjected to the right of first refusal.
E. Upon a sale, the seller shall not be liable for covenants or restrictions breached thereafter.
DURATION - Except where permanent easements or other permanent rights or interests are herein created, the covenants and restrictions of this Declaration shall run with and bind the land for a term of thirty (30) years from the date of recordation of this Declaration, after which said covenants and restrictions shall be automatically extended for successive periods of ten (10) years each, unless an instrument signed by the then owners of all of the dwelling units subject hereto has been recorded, agreeing to terminate this Declaration as of the end of such ten (10) year period.
AMENDMENT - This Declaration may be amended by the written consent of the owners of the dwelling units. Amendment shall be made by an instrument signed by said owners. An amendment shall be effective upon recordation thereof in the Office of the Recorder of Crawford County, Illinois.
NOTICES - Any notices required to be sent to any dwelling unit owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as an owner on the records of the tax assessor of Crawford County, Illinois, at the time of such mailing.
SEVERABILITY - Invalidation of any one of these covenants or restrictions by judgment, decree or order shall in no way affect any other provision hereof, each of which shall remain in full force and effect.
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