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25 <br /> <br /> <br /> <br />or all of the Common Area(s) by a condemning authority, the award or proceeds of settlement shall be <br />payable to the Association, or any trustee appointed by the Association, for the use and benefit of the <br />Owners and their Mortgagees as their interests may appear. In the event of an award for the taking of <br />any Condominium in the Project by eminent domain, the Owner(s) of such Condominium shall be entitled <br />to receive the award for such taking and, after acceptance of the award, the Owner(s) and Mortgagee shall <br />be divested of all interest in the Project if such Owner(s) shall vacate his Condominium as a result of <br />such taking. The remaining Owners shall decide by majority vote whether to rebuild or repair the Project, <br />or take other action. The remaining portion of the Project shall be resurveyed, if necessary, and the <br />Declaration shall be amended to reflect such taking and to readjust proportionately the percentages of <br />undivided interest of the remaining Owners in the Project. In the event of a taking by eminent domain of <br />any part of the Common Area, the Association shall participate in the negotiations, and shall propose <br />the method of division of the proceeds of condemnation, where Condominiums are not valued separately <br />by the condemning authority or by the court. Proceeds of condemnation shall be distributed among <br />Owners of Condominiums and their respective Mortgagees according to the relative values of the <br />Condominiums affected by the condemnation, said values to be determined by the method provided in <br />Section 8.2.A. Owners shall be represented by themselves or their attorneys in any condemnation actions <br />involving Units. <br /> <br />If there is a substantial taking of the Project (more than fifty percent (50%), the Owners may <br />terminate the legal status of the Project and, if necessary, bring a partition action under California Civil Code <br />Section 4610 or any successor statute, on the election to terminate by fifty-one percent (51%) of the total <br />voting power of the Association and the approval of First Lenders holding Mortgages on Condominiums <br />which have at least fifty-one percent (51 %) of the votes of Condominiums subject to First Mortgages. The <br />proceeds from the partition sale shall be distributed to the Owners and their respective Mortgagees in <br />proportion to the fair market values of their Condominiums as determined under the method described <br />in Section 8.2.A. <br /> <br />8.4. Condemnation of Exclusive Use Common Area: If there is a taking of all or any portion <br />of an Exclusive Use Common Area, the award in condemnation shall be paid to the Owner of the <br />Condominium to which the taken Exclusive Use Common Area was appurtenant; however, such award <br />shall first be applied to the balance then due on any Mortgages encumbering such Owner's <br />Condominium, in order of priority. <br /> <br />8.5. Portions of Awards in Condemnation Not Compensatory for Value of Real Property: <br />Those portions of awards in condemnation that do not directly compensate Owners for takings of real <br />property (e.g., awards for takings of personal property, relocation expenses, moving expenses, or other <br />allowances of a similar nature intended to facilitate relocation) shall be paid to the Owners whose <br />personal property is taken, or whose relocation is intended to be facilitated. <br /> <br /> <br />ARTICLE IX. <br />GENERAL PROVISIONS <br /> <br />9.1. Enforcement: The Association or any Owner shall have the right to enforce, by any <br />proceeding at law or in equity, all the restrictions, conditions, covenants, reservations, liens and charges now <br />or hereafter imposed by the provisions of this Declaration, and in such action shall be entitled to recover <br />reasonable attorneys' fees as are ordered by court. Failure of any Owner to enforce any covenant or <br />restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. <br /> <br />9.2. Invalidity of any Provision: Should any provision or portion hereof be declared invalid or <br />in conflict with any law of the jurisdiction where this Project is situated, the validity of all other provisions <br />and portions hereof shall remain unaffected and in full force and effect. <br /> <br />9.3. Term: Subject to Section 9.4, the covenants and restrictions of this Declaration shall run <br />with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Owner of any <br />112