DECLARATION OF CONDOMINIUM OWNERSHIP
AND OF
EASEMENTS, RESTRICTIONS & COVENANTS FOR
2970 LAKE SHORE DRIVE CONDOMINIUM
 (continued)

ARTICLE IX
DAMAGE OR DESTRUCTION AND RESTORATION OF BUILDINGS

9.01 Insurance.
(a) Sufficient Insurance: In the event the improvements forming a part of the Property, or any portion thereof, including any Unit, shall suffer damage or destruction from any cause and the proceeds of any policy or policies insuring against such loss or damage, and payable by reason thereof, shall be sufficient to pay the cost of repair or restoration or reconstruction, then such repair, restoration or reconstruction shall be undertaken and the insurance proceeds shall be applied by the Board or the payee of such insurance proceeds in payment therefor; provided, however, that in the event, within thirty (30) days after said damage or destruction, the Unit Owners elect either to sell the Property as hereinafter provided in Article X or to withdraw the Property from the provisions of this Declaration and from the provisions of the Act, as therein provided, then such repair, restoration or reconstruction shall not be undertaken.
(b) Insufficient Insurance: In the event the Property or the improvements thereon so damaged are not insured against the risk causing the loss or damage, or the insurance proceeds are not sufficient to pay the cost of repair, restoration or reconstruction, the Board shall have the right to specially assess each Unit Owner for a portion of the funds needed to complete substantial restoration proportionate to the ownership of the Common Elements by such Unit Owner. If the Board shall not require any such special assessment, and the Unit Owners and all other parties in interest do not voluntarily make provision for reconstruction of the improvements within one hundred eighty (180) days after said damage or destruction, then the provisions of the Act shall apply.
9.02 Substantial Restoration. Repair, restoration or reconstruction of the improvements, as used in this Article, means restoring the improvements to substantially the same condition in which they existed prior to the casualty damage, with each Unit and the Common Elements having the same vertical and horizontal boundaries as before the occurrence of such damage.


ARTICLE X
SALE OF THE PROPERTY

10.01 Voluntary Sale of Property. The Owners by affirmative vote of at least seventy-five percent (75%) of the voting rights in the Association, may elect to sell the Property as a whole at any meeting called for that purpose. Such action shall be binding upon all Unit Owners, and it shall thereupon become the duty of every Unit Owner to execute and deliver such instruments, and to perform all acts as in manner and form may be necessary to effect such sale; provided, however, that any Unit Owner who did not vote in favor of such action and who has filed written objection thereto with the Board within twenty (20) days after the date of the meeting at which such sale was approved shall be entitled to receive from the proceeds of such sale an amount equivalent to the value of his interest, as determined by a fair appraisal, less the amount of any unpaid assessments or charges due and owing from such Unit Owner. In the absence of agreement on an appraiser, such Owner and the Board may each select an appraiser, and the two so selected shall promptly select a third, and the fair market value, as determined by a majority of the three so selected shall control. If either party shall fail to select an appraiser within twenty (20) days after the filing of said written objection, then the one designated by the other party shall make the appraisal. In making such appraisal the appraiser shall disregard any increment or detriment to the value of the interest of the objecting party resulting from the availability or possibility of a sale of the Property.


ARTICLE XI
REMEDIES FOR BREACH OF COVENANTS, RESTRICTIONS AND REGULATIONS

11.01 Abatement and Enjoyment. The violation of any restriction or condition or regulation adopted by the Board, or the breach of any covenant or provision herein contained, shall give the Board the right, in addition to the rights set forth in the next succeeding section and in Section 6.07:
(a) to enter upon the property upon which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Owner, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and the Trustee, or its successors or assigns, or the Board, or its agents, shall not thereby be deemed guilty in any manner of trespass; or
(b) to enjoin, abate or remedy by appropriate legal proceedings (including but not limited to a suit for damages), either at law or in equity, the continuance of any breach; or
(c) to take possession of such Unit Owner's interest in the Property and to maintain an action for possession of such Unit in the manner provided by law.
11.02 Involuntary Sale. If any Owner (either by his own conduct or by the conduct of any other occupant of his Unit) shall violate any of the covenants or restrictions or provisions of this Declaration or the regulations adopted by the Board, including the failure to pay assessments when due, and such violation shall continue for thirty (30) days after notice in writing from the Board, or shall occur repeatedly during any thirty (30) day period after written notice or request to cure such violation from the Board, then the Board shall have the power to issue to the defaulting Owner a ten (10) day notice in writing to terminate the rights of the said defaulting Owner to continue as an Owner and to continue to occupy, use or control his Unit; and thereupon an action in equity may be filed by the Association or the Trustee against the defaulting Owner for a decree of mandatory injunction against the Owner or occupant or, in the alternative, a decree declaring the termination of the defaulting Owner's right to occupy, use or control the Unit owned by him on account of the breach of covenant, and ordering that all the right, title and interest of the Owner in the property shall be sold (subject to the lien of any existing mortgage) at a judicial sale upon such notice and terms as the court shall establish, except that the court shall enjoin and restrain the defaulting Owner from reacquiring his interest at such judicial sale. The proceeds of any such judicial sale shall first be paid to discharge any prior encumbrance, court costs, court reporter charges, reasonable attorneys' fees, and all other expenses of the proceeding and sale, all such items shall be taxed against the defaulting Owner in said decree. Any balance of proceeds, after satisfaction of such charges and any unpaid assessments hereunder or any liens, shall be paid to the Owner. Upon the confirmation of such sale, the purchaser thereat shall thereupon be entitled to a deed to the Unit Ownership and, subject to the Board's rights as provided in Section 8.04(a) hereof, to immediate possession of the Unit sold and may apply to the court for a writ of assistance for the purpose of acquiring such possession, and it shall be a condition of any such sale, and the decree shall so provide, that the purchaser shall take the interest in the property sold subject to this Declaration, and the purchaser shall become a member of the Association, in the place and stead of the defaulting Owner.

ARTICLE XII
INCORPORATION OF ASSOCIATION

12.01 Formation of Association. The Association has been, or will be prior to the first Annual Meeting of Unit Owners as heretofore provided, incorporated as an Illinois not-for-profit corporation.