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201309222
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Last modified
8/19/2014 2:24:43 PM
Creation date
11/22/2013 8:53:25 AM
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DEEDS
Inst Number
201309222
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10.3 Payment of Insurance Proceeds. <br />Page 51 of 68 <br />201309222 <br />The premiums for any insurance obtained by the Association pursuant to this Section <br />shall be included in the budget of the Association and shall be paid by the Association. <br />10.2 Certificates of Insurance. <br />An insurer that has issued an insurance policy under this Article 10 shall issue a <br />certificate or a memorandum of insurance to the Association and, upon request, to any Owner or <br />mortgagee or beneficiary under a deed of trust. Any insurance obtained pursuant to this Article <br />10 may not be cancelled until thirty (30) days after notice of the purposed cancellation has been <br />mailed to the Association, each Owner, and each mortgagee or beneficiary under a deed of trust <br />to whom certificates of insurance have been issued. <br />With respect to any loss to any Area of Association Responsibility covered by property <br />insurance obtained by the Association in accordance with this Article 10, the loss shall be <br />adjusted with the Association, and the insurance proceeds shall be payable to the Association and <br />not to any mortgagee or beneficiary under a deed of trust. Subject to the provisions of Section <br />99 . the proceeds shall be disbursed for the repair or restoration of the damage to the Area of <br />Association Responsibility. <br />10.4 Repair and Replacement of Damaged or Destroyed Property. <br />Any portion of the Areas of Association Responsibility that is damaged or destroyed shall <br />be repaired or replaced promptly by the Association unless repair or replacement would be <br />illegal under any state or local health or safety statute or ordinance, or Owners representing at <br />least eighty percent (80 %) of the total authorized votes in the Association vote not to repair or <br />replace the damaged or destroyed Improvements. The cost of repair or replacement in excess of <br />insurance proceeds and reserves shall be paid by the Association. <br />If all of the damaged Areas of Association Responsibility are not completely repaired or <br />replaced, insurance proceeds attributable to the damaged Areas of Association Responsibility <br />shall be used to restore the damaged area to a condition that is not in violation of any state or <br />local health or safety statute or ordinance and the remainder of the proceeds shall be retained by <br />the Association as an additional capital reserve. <br />ARTICLE 11 <br />DISPUTE RESOLUTION <br />11.1 Agreement to Resolve Certain Disputes Without Litigation. <br />As used in this Article 11, the term "Claim" shall mean: (a) any claim or cause of action <br />arising out of or related in any way to the planning, design, engineering, grading, construction, or <br />development of the Common Area or any Lot, including without limitation any claim or cause of <br />action that the Common Areas are defective or that the Declarant or a Designated Builder or their <br />agents, contractors, employees, subcontractors, architects, engineers, or . consultants were <br />
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