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4810-5342-0509, v. 2 57 damage. In the event of a determination to rebuild the Property after partial or total destruction, as provided in this Article, such interior repair and restoration shall be completed as promptly as practical and in a lawful and workmanlike manner, in accordance with Plans approved in accordance with Article 8 (Design Review). 11.10 Condemnation of a Unit. In the event of any taking of a Unit, the Owner (and such Owner’s Mortgagees as their interests may appear) of the Unit shall be entitled to receive the award for such taking and after acceptance thereof such Owner and such Owner’s Mortgagee shall be divested of all further interest in the Unit and membership in the Association if such Owner shall vacate such Owner’s Unit as a result of such taking. In such event said Owner shall grant its remaining interest in the Common Area appurtenant to the Unit so taken, if any, to the other Owners owning a fractional interest in the same Common Area, such grant to be in proportion to the fractional interest in the Common Area then owned by each Owner. ARTICLE 12 PARTITION AND SEVERABILITY OF INTERESTS 12.1 Suspension. The right of partition is suspended pursuant to California Civil Code Section 4610 as to the Community. Nothing in this Article shall be deemed to prohibit partition of a co-tenancy in a Condominium. 12.2 Partition. Except as provided in this Declaration, there shall be no judicial partition of the Common Area, or any part thereof, for the term of the Community, nor shall Declarant, any Owner or any other person acquiring any interest in any Condominium seek any such judicial partition. The undivided interest in the Common Area described above may not be altered or changed as long as the prohibition against severability of interests in a Condominium remains in effect as provided in this Declaration. Notwithstanding the foregoing, judicial partition shall be permitted as follows: 12.2.1 With the approval, after substantial destruction or condemnation of the Community occurs, of at least sixty-seven percent (67%) of the total Voting Power and approval by Eligible Holders who represent at least fifty-one percent (51%) of the Condominiums that are subject to Mortgages held by Eligible Holders; or 12.2.2 With the approval, for reasons other than substantial destruction or condemnation of the Community, of at least sixty-seven percent (67%) of the total Voting Power and approval by Eligible Holders who represent at least sixty-seven percent (67%) of the Condominiums that are subject to Mortgages held by Eligible Holders; or 12.2.3 As allowed by California law, including Civil Code Section 4610, as the same may be amended from time to time. 12.3 Eligible Holder Deemed Approval. An Eligible Holder who receives a written request to give such approvals referenced in Section 12.2 (Partition) who does not deliver or mail the requesting party a negative response within sixty (60) days shall be deemed to have given such approval, provided such written request was delivered by certified mail or registered mail with “return receipt” requested. For so long as is required by FNMA’s legal requirements for project acceptance, all references to “Eligible Holder” in this Section shall be deemed to include all guarantors of First Mortgagees. 12.4 Distribution of Proceeds. Proceeds or property resulting from a partition shall be distributed to and among the respective Owners and their Mortgagees as specified or apportioned in the judgment of partition, or if not so specified, as their interests appear in proportion to the fair market value of the Condominiums at the date of the sale as determined by an independent appraisal conducted by a member of the American Institute of Real Estate Appraisers with the designation of a Member Appraisal Institute (M.A.I.) or if such institute no longer exists, an appraiser of comparable experience. 310