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201404665
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Last modified
7/30/2014 11:18:59 AM
Creation date
7/30/2014 11:18:58 AM
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DEEDS
Inst Number
201404665
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201404665 <br />16.7.2 The insurance proceeds attributable to units and allocated limited elements which are not rebuilt <br />shall be distributed in proportion to their common element interests or as otherwise provided in this Declaration <br />to the owners of those units and the owners of the units to which the limited common elements where allocated, <br />or to lien holders as their interest may appear. <br />16.7.3 The remainder of the proceeds shall be distributed to all the unit owners or lien holders as their <br />interest may appear in proportion to the common element interests of all the units. <br />16.8 Distribution of Insurance Proceeds on Termination. Notwithstanding the provisions of Sections <br />16.4, 16.5 and 16.6 of this Article, Article VXI, of this Declaration governs the distribution of insurance <br />proceeds if the condominium is terminated. <br />16.9 Additional Insurance. This Section does not prohibit the Declaration from requiring additional or <br />greater amounts of insurance coverage, nor does it prohibit the Executive Board from acquiring additional or <br />greater amounts of coverage as it reasonably deems appropriate. <br />16.10 Fidelity Bonds. The Association may maintain blanket fidelity bonds for all officers, directors, <br />trustees and employees of the Association and all other persons handling or responsible for funds of or <br />administered by the Association. Where the Association has delegated some or all of the responsibility for the <br />handling of funds to a management agent, the Association may require the management agent to provide <br />fidelity bonds for its officers, employees and agents handling or responsible for funds of, or administered on <br />behalf of the Association. The total amount of the fidelity bond coverage shall be based upon the best business <br />judgment of the Board, and the fidelity bonds themselves shall name the Association as an obligee. <br />16.11 Pursuant of Premiums. Premiums for all insurance obtained by the Association pursuant to this <br />Article shall be paid for by the Association. <br />16.12 Insurance Trustee. Notwithstanding any other provisions of this Article, there may be named as <br />an insured on behalf of the Association, the Association's authorized representative, including any trustee with <br />whom such Association may enter into any Insurance Trust Agreement or any successor to such trustee <br />( "insurance trustee "), who shall have the exclusive authority to negotiate losses under any policy providing such <br />property or liability insurance to the Association. Each owner, by accepting a deed to, or otherwise becoming <br />the owner of, a unit, appoints the Association or any Insurance Trustee or substitute Insurance Trustee <br />designated by the Association, as attorney -in -fact for the purpose of purchasing such insurance, including, <br />without limitation: the collection and appropriate disposition of the proceeds thereof; the negotiation of losses <br />and execution of releases of liability; the execution of all documents; and the performance of all other acts <br />necessary to accomplish such purpose. The Association or any insurance trustee shall receive, hold or <br />otherwise property dispose of any proceeds of insurance in trust for owners and lien holders, as their interests <br />may appear. <br />ARTICLE XVII. <br />ASSOCIATION AS TRUSTEE <br />With respect to a third person dealing with the Association in the Association's capacity as a trustee, the <br />trust powers and their proper exercise by the Association may be assumed without inquiry. A third person is <br />not bound to inquiry whether the Association has power to act as trustee or is properly exercising trust powers. <br />A third person, without actual knowledge that the Association is exceeding or improperly exercising its powers, <br />is fully protected in dealing the Association as if it possessed and properly exercised the powers it proports to <br />- 17- <br />
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