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2013000 <br />(b) The insurer waives its right to subrogation under the policy against any unit <br />owner or member of his or her household, the Association, and the Board; <br />(c) No act or omission by any unit owner, unless acting within the scope of his or <br />her authority on behalf of the Association, will void the policy or be a condition <br />to recovery under the policy; and <br />(d) If, at the time of a loss under the policy there is other insurance in the name of a <br />unit owner covering the same risk covered by the policy, the Association's <br />policy provides primary insurance. <br />Section 3. Additional coverage. The Association is further empowered to procure such other <br />insurance as the Association may deem advisable from time to time. <br />Section 4. Special Assessments. The cost of insurance premiums shall be included in the <br />monthly maintenance assessment made to the Owner of each Lot insured under the provision of the <br />Declaration. <br />Section 5. Association as Agent. The Association is hereby irrevocably appointed agent for each <br />owner and his mortgagees to adjust all claims arising under insurance policies purchased by the <br />Association on the improvements on the Properties and to execute and deliver releases upon payment of <br />claims without joinder by the Owner. All insurance proceeds shall be applied by the Association toward <br />repairing the damage suffered; provided that reconstruction or repair shall not be compulsory where the <br />damage exceeds two -thirds (2/3) of the value of the buildings and improvements. In such case, should the <br />Owner so elect not to rebuild, the proceeds, along with the insurance indemnity, if any, shall be credited <br />to each Owner in accordance with his prorated share of the toss sustained by the damage or casualty for <br />which the proceeds shall be payable, and said sums shall be first applied toward satisfaction of any <br />recorded first mortgage against each Lot, next toward satisfaction of junior recorded liens in order of their <br />priority, next toward the cost of razing the improvements or any remains thereof from said premises and <br />the filling and leveling of said Lot, and the remainder shall then be paid to the Owner. In case the <br />insurance proceeds do not equal the cost of repairs, the excess cost shall be considered a maintenance <br />expense to be assessed and collected by the Association from the Owners of the damaged improvements. <br />In cases of over - insurance, any excess proceeds of insurance received shall be credited to the Working <br />Fund for the Association. <br />Section 6. Insurance by Unit Owners. Unit owners shall not be prohibited from carrying other <br />insurance for his or her own benefit. Insurance coverage on furnishings and other items of personal <br />property belonging to an owner and public liability coverage within each unit shall be the sole and direct <br />responsibility of the unit owners thereof, and the Board and the Association shall have no responsibility <br />thereto. In the event that the unit owner deems the coverage carried by the Association insufficient for <br />their respective unit, they may obtain the additional coverage amount and be billed accordingly, <br />separately from the Association. It is the responsibility of each unit owner to verify that the coverage <br />involving their unit is adequate as the individual unit owners deems. <br />Section 7. Notice. An insurer that has issued the insurance policy pursuant to Section I shall <br />issue certificates of insurance to the Association and, upon written request, to any unit owner, mortgagee <br />or beneficiary under a deed of trust. The insurer issuing the policy shall not cancel or refuse to renew it <br />until sixty (60) days after notice of the proposed cancellation or non - renewal has been mailed to the <br />Association, each unit owner and each mortgagee or beneficiary under a deed of trust to whom a <br />certificate of insurance has been issued at their respective last -known addresses. <br />All of the remaining provisions of said Declaration and any amendments previously approved, <br />not contrary to the aforementioned Amendment, shall remain in full force and effect. <br />