Skybrige Declaration

ARTICLE XIII

RESTRICTIONS ON ALIENATION

13.01   Right of First Refusal. No right of first refusal exists in this Declaration.

13.02    Default on Payment of Unit Mortgage Payments. In the event any Unit Owner shall default in the payment of any monies required to be paid under the provisions of any mortgage or trust deed against his Unit, the Association shall have the right to cure such default by paying the amount so owing to the party entitled thereto and shall thereupon have a lien therefor against such Unit, which lien may be perfected and foreclosed in the manner provided in Section 9 of the Act with respect to liens for failure to pay a share of the Common Expenses.

13.03   Limits on Lease Terms. No Unit shall be leased by a Unit Owner for hotel or transient purposes or terms less than six (6) months, and no portion of a Unit which is less than the entire Unit shall be leased. Each lease of any one (1) or more Units shall be in writing and within ten (10) days after execution, a copy of every such lease shall be furnished to the Board. The provisions of the Act, the Declaration, By-laws, rules and regulations of the Association that relate to the use of the Unit or the Common Elements shall be applicable to any person leasing a Unit and shall be deemed to be incorporated in each lease. The failure of a lessee to comply therewith shall constitute a default under the lease which shall be enforceable by the Board or the Association. In addition to any other remedies, by filing an action jointly against a lessee and a Unit Owner, the Association may seek to enjoin a lessee from occupying a Unit or seek to evict a lessee under the provisions of Article IX of the Illinois Code of Civil Procedure for failure of the lessor-owner to comply with the leasing requirements prescribed by the Act or this Declaration, By-laws, rules or regulations. The Board may also proceed directly against a tenant, at law or in equity, or under the provisions of Article LX of the Illinois Code of Civil Procedure for any other breach by tenant of any' covenants, rules, regulations or By-Laws.' l he Unit Owner making such lease snail not be relieved thereby from any of said obligations.

13.04     Miscellaneous.

(a) A transfer or lease of a Unit or interest therein, by or to the Board, the Declarant or Developer shall not be subject to the provision of this Article XIII. This Section 13.04(a) cannot be amended or deleted without the prior written consent of the Declarant and Developer, so long as either (x) the Declarant owns any Units, or (y) the rights of the Declarant to submit additional parcels to the Act have not expired.

(b)            Upon the written request of any prospective transferor, purchaser, tenant or mortgagee of a Unit, the Board, by its Secretary, shall issue a written and acknowledged certificate evidencing:

(i)           that the provisions of this Article XIII have been complied with or duly waived by the Board;

(ii)          that any lease is, by the terms hereof, not subject to the provisions of this Article XIII, if such is the fact;

and such a certificate shall be conclusive evidence of the facts contained therein.

(c)       The Board may adopt rules and regulations, from time to time, not inconsistent with the provisions of the Article XIII, for the purpose of implementing and effectuating said provisions.

13.05  Transfer by Operation of Law. The terms of this Article XIII shall not be applicable to the leasing of a Unit by the holder of a mortgage or trust deed who has acquired title to such Unit by deed in lieu of foreclosure or foreclosure of a mortgage or trust deed on the Property, or any Unit, or by any other remedy set forth in the mortgage or trust deed provided such holder is a bank, savings and loan association, insurance company or like institutional mortgagee.