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11.6 Disbursement. Insurance proceeds shall first be disbursed by the Association for the repair or restoration of the damaged Units, Limited Common Elements, and Common Elements, and the Unit Owners and their Mortgagees shall not be entitled to receive payment of any portion of the insurance proceeds unless the Association has determined not to rebuild, or a court of law has ordered partition of the Condominium property, and the same can be legally accomplished under the City of Fitchburg General Ordinances, or there is a surplus of insurance proceeds after the Common Elements, Limited Common Elements, and Units, have been completely repaired or restored. 11.7 Commencement. Except as provided in Section 11.5, all insurance required by this Declaration shall be purchased and maintained by the Association commencing on or before the date of the closing of the sale of the first Unit. ARTICLE XII REPAIR OR RECONSTRUCTION In the event the Condominium is damaged or destroyed, in whole or in part, the Association shall promptly undertake to repair or reconstruct the damaged portion of the Condominium to its former condition unless, by the affirmative vote of Unit Owners representing at least seventy-five (75%) percent of the votes in the Association as set forth in the third column of Exhibit "C" as amended from time to time and their first Mortgagees, a contrary decision is made. Upon reconstruction, the Association may vary the design, plan, and specifications of the Condominium from that of the original; provided, however, the number of square feet for any Unit may not vary by more than five (5%) percent from the number of square feet for such Unit existing immediately prior to the damage or destruction (unless Unit Owners owning at least seventy-five (75%) percent of the Units agree otherwise); and provided, further, the location and floor plan of the buildings and Units therein shall be substantially the same as they were prior to the damage. In the event of any variance, an amendment to the Declaration and an addendum to the Condominium Plat shall be recorded. In the event insurance proceeds are insufficient to pay the estimated or actual costs of reconstruction, the shortage shall be considered a Common Expense, and the Association shall have the responsibility and the right to levy assessments against the Unit Owners as provided herein. ARTICLE XIII EMINENT DOMAIN In the event of a taking of all or any portion of the Common Elements under the power of eminent domain, the provisions of Sections 703.19 and 703.195, of the Act, shall control; provided, however, the affirmative vote of at least fifty-one (51 %) percent of the first Mortgagees, calculated on a per -Unit basis, shall also be required in order to partition the Condominium; and provided, further, if Common or Limited Common Elements are taken, the same shall be reconstructed by the Association if practical to do so. ARTICLE XIV 2-21