13.02 Notices to Mortgage Lenders. Upon written request to the Board, the holder of any duly recorded mortgage or trust deed against any Unit Ownership shall be given a copy of any and all notices permitted or required by this Declaration to be given to the Owner or Owners whose Unit Ownership is subject to such mortgage or trust deed.

13.03 Service of Notice. Any notice required or permitted to be given to:

(a) the Board or the Association, may be delivered to any member of the Board or officer of the Association, either personally or by mail addressed to such member or officer at his last known address appearing on the records of the Association;
(b) the Unit Owners, may be delivered either personally or by mail addressed to such Unit Owner at his last known address appearing on the records of the Association.

13.04 Service of Notices on Devisees and Personal Representatives. Notices required to be given any devisee or personal representative of a deceased Owner may be delivered either personally or by mail to such party at his or its address appearing in the records of the court wherein the estate of such deceased Owner is being administered.

13.05 Covenants to Run With Land. Each grantee of the Trustee, by the acceptance of a deed of conveyance, or each purchaser under Articles of Agreement for Trustee's Deed, or any contract for any deed of conveyance, accepts the same subject to all restrictions, conditions, covenants, reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this Declaration, and all rights, benefits and privileges of every character hereby granted, created, reserved or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any person having at any time any interest in said land, and shall inure to the benefit of such Owner in like manner as though the provisions of the Declaration were recited and stipulated at length in each and every instrument of conveyance.

13.06 Non-Waiver of Covenants. No covenants, restriction, conditions, obligations or provisions contained in this Declaration shall be deemed to have been abrogated or waived by reasons of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.

13.07 Waiver of Damages. To the extent permitted by applicable law, neither the Trustee, nor its beneficiary, nor their respective representatives or designees, shall be liable for any claim whatsoever arising out of or by reason of any actions performed pursuant to any authorities granted to or delegated to it by or pursuant to this Declaration, or in the Trustee's (or its beneficiary's or their respective representatives or designee's) capacity as developer, contractor, Owner, manager or seller of the Property whether or not such claim (a) shall be asserted by any Owner, occupant, the Board or the Association, or by any person or entity claiming through any of them; or (b) shall be on account of injury to person or damage to or loss of property wherever located and however caused; or (c) shall arise ex contractu or "ex delictu" (except in case of gross negligence). Without limiting the generality of the foregoing, the foregoing enumeration includes all claims for, or arising by reason of, the Property or any part thereof being or becoming out of repair or containing any patent or latent defects, or by reason of any act or neglect of any Owner, occupant, the Board, the Association and their respective agents, employees, guests and invitees, or by reason of any neighboring property or personal property located on or about the Property, or by reason of the failure to function, or disrepair of, any utility services.

13.08 Amendments to Declarations. The provisions of Articles I, II, III and VI, Sections 8.06, 8.12, 13.05, 13.06 and 13.08 of this Declaration may be changed, modified or rescinded by instrument in writing setting forth such change, modification or rescission, signed and acknowledged by the Board, all of the Owners and all mortgagees having bona fide liens of record against Unit Ownerships. Other provisions of this Declaration (except provisions granting rights, powers or privileges to the Trustee, which may never be changed without the written consent of the Trustee, and the By-laws of the Association which may be changed and enacted by the affirmative vote of at least 75% of Unit Owners present at the Annual Meeting or Special Meeting called for that purpose) may be changed, modified or rescinded by an instrument in writing setting forth the change, modification or rescission, signed and acknowledged by the Board, the Owners having at least three-fourths (3/4) of the total vote and containing an affidavit by an officer of the Board certifying that a copy of the change, modification or rescission has been mailed by certified mall to all mortgagees having bona fade liens against any Unit Ownership, not less then ten (10) days prior to the date of such affidavit. The change, modification or rescission shall be effective uoon recordation of such instrument in the Offices of the Recorder of Deeds in Cook County, Illinois, provided, however, that no provision in this Declaration may be changed, modified or rescinded so as to conflict with the provisions of the Act, and provided further, that prior to the sale of all Units in the Building, the Trustee and the developer of the Building reserve the right to authorize without the approval of the Unit Owners and the mortgagees of the Units such amendments as are not materially detrimental to the Unit Owners, as well as such amendments as may be necessary to correct errors or inconsistent provisions in this document.

13.09 Severability. The invalidity of any covenant, restriction, condition, limitation or any other provision of this Declaration, or of any part of the same, shall not impair or affect in any manner the validity, enforceability or effect of the rest of this Declaration.

13.10 Perpetuities and Restraints on Alienation. If any of the options, privileges, covenants or rights created by this Declaration would otherwise be unlawful or void for violation of: (a) the rule against perpetuities or some analogous statutory provisions, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing the limits, then such provision shall continue only until twenty-one (21) years after the death of the now living lawful descendents of all United States Senators serving at the time this Declaration is recorded.

13.11 Interpretation of Declaration. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a first-class condominium apartment development. In construing the terms and provisions of this document, the article and paragraph headings and titles shall not in any way control the construction of the language herein, such headings having been inserted for the purpose of simplified reference. Whenever the context requires or permits, the singular shall include the plural, and the plural shall include the singular, and all reference to males and females shall be interchangeable as the context permits.

13.12 Ownership by Trust. In the event title to any Unit Ownership is conveyed to a land title holding trust under the terms of which all powers of management, operation and control of the trust property remain vested in the trust beneficiary, then the trust estate under such trust and the beneficiaries thereunder from time to time (with the exception of the beneficiaries of the Trustee) shall be responsible for payment of all obligations, liens or indebtedness and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Unit Ownership. No liability shall be asserted against any such title holding trustee personally for payment of any claim, lien or obligation or for the performance of any agreement, covenant or undertaking hereby created, and the Trustee shall not be obligated to sequester funds or trust property to apply in whole or in part thereon, but the amount thereof shall continue to be a charge or lien upon the Unit Ownership, notwithstanding any changes in the beneficial interest of any such trust or transfers of title to such Unit Owners. Subject to the foregoing, all rights, remedies and privileges available to any such trustee Unit Owner, including Declarant, shall be exercisable either by such trustee or by its beneficiaries; and all notices, consents and acts of the beneficiaries of any such trustee shall be binding, the same as if they were the notices, consents or acts of such trust. The term "beneficiary" and "beneficiaries" shall mean the persons owning the entire beneficial interest of a trust whether one or more.

13.13 Exculpation of Board Members. Neither the Board nor any person exercising the powers of the Board, nor the Association, shall be liable to the Unit Owners for any mistake of judgment, or any acts of omissions made in good faith. The Unit Owners shall indemnify and hold harmless each of the persons described above against all contractual liability to other arising out of contracts made by them on behalf of the Unit Owners or the Association, unless any such contract shall have been made in bad faith or contrary to the provisions of this Declaration. Such persons shall have no personal liability with respect to any contract made by them on behalf of the Unit Owners or the Association. The liability of any Unit Owner arising out of any contract made by such persons or out of the aforesaid indemnity shall be limited to such proportion of the total liability thereunder as his percentage interest in the Common Elements bears to the total percentage interest of all the Unit Owners in the Common Elements. Each Agreement made by such persons or officers or by the managing agent on behalf of the Unit Owners or the Association shall be executed by such person or the managing agent, as the case may be, as agents for the Unit Owners or for the Board or Association.

13.14 Combination or Separation of Units. The Trustee may combine or cause to be combined any part of a Unit owned by the Trustee with another Unit owned by the Trustee and thereby eliminate or reduce the size of another Unit owned by the Trustee. In the event of such combination or combinations, the allocation of percentages by the Trustee as between a Unit thereby increased in size and a Unit thereby decreased in size or eliminated shall be final and binding on all parties, including but not limited to all Unit Owners upon recording with the Recorder of Deeds of Cook County, Illinois, of an Amendment to this Declaration so stating, signed by the Trustee, to which shall be attached as an exhibit, an Amendment to the Plat setting forth the new boundaries of the Units affected. Anything in Section 3.02 to the contrary notwithstanding, the Amendment provided for in this Section 13.14 may be recorded by the Trustee without the permission of any of the other Unit Owners and mortgagees of other Unit Owners. Each Unit Owner and his spouse, by accepting title to his Unit, hereby consents to the foregoing amendment and irrevocably appoints the Trustee and its beneficiary as his agent to execute, deliver and record the same with the same force and effect as if each Unit Owner and his spouse had actually executed and delivered the Amendment.

13.15 Rights of Occupants. The rights of an Owner hereunder to the use of the Common Elements and services and amenities provided by the Association shall extend to any lawful occupant of such Owner's Unit.