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HomeMy WebLinkAbout0945 divic~ed s!~are in the com~nion elements appurtenant to his dwelling unit. 3. M~~RTGAGEE. In the event a mvrtgagee endorse- ment 2~as been issued as to a dwell~ng unit, the share of the dwelling ur.it owner sha11 be held for tr,e martgagee and the dwelling ur.it owner as their interests may appear; provided, hawever, that no rr.ortgagee shall ha~~e any right to determine or participate in the deterr:tination as to whether or not any damaged Froperty ~hall be reconstructed or repaired. E. DI~TRIBliTI01~ OF PROCEEDS. Proceeds of insurance policies received b~ the Insurance Trustee sr,all be distributed to or for Lhe ber.efit of the beneficial owners in the fallo~ing manner: i. Ex~er.ses of the Trust . All expenses ef the Insurance Trustee shall be paid first or provi- sions ma.de for such payment . 2, Reconstruction or Repair. If the damage for which tr~e proceeds are paid is ta be repaired or reconstructed, the rernaining proceeds shall be paid to defray the cos~ of such as elsewhere provided. Any proceeds which rer~ain after ; deirayir~g such costs shall be distributed to ` the beneficial owners, remit~ances to dwelling ur~it owners and their mortgagees being payable j~ir~tly to them. This is a covenant for tlie benefit ~f an}- r?:ortgagee of a dwelling unit ~ and ~iay be er.forced by s~ch mortgagee . 3• rail~zre to Reconstruct or Rep?ir. If it is determir.Ed in the manner elsewhere provided Lrat the damage for which proceeds are paid shal~ not be reconstructed or repaired, the remaining proceeds shall be distributed to *r.e beneficial owners, remittances to dweil- ing ~anit owners and their mortgagees bei:~g payable jcintly ta them. This is a covenant fcr the benefi ~ ef ar,y mortgagee of a dwell- ing unit and :.a~T be erforced by such mertgagee . i,. Certificate . Ir, making distributior ~c dwell- ing ~ar.it ~wr.ers and their mortgagees, the In- suran~e Trustee ~r~ay rely ~apon a certificate of the Asseciation m.ade by its President and .~,'ec- retary as tc the r,ames of the dweliing unit ~wr.Ars ar:d *_~e~r resgect~vP shares of the dis~ributifln. F. A~~C~.IATICI~ AS AGEi:T. The tisscciatior:_ is irrevoeably ~pF~;::~ed a~.zn* for ea~h dwe~lir:g ;:r.it owr.er ar:d for eacr. owner o~ a ::~or~`a`e ~r ~`'r.~r l~en ~.por. a dwellir:g uri* and for each own~er cf ar.v .,~::er ~r.~eres' ~re C;;rd~mir,z;;~r proper~y-, to adjtisL all clair.;s aris- ;ng ~^der ~r.surar.~e pclic~es Furchased bv ~he Associati~n, and ex- e_~,: ~e ar:G ~eliver release s~;:Fan * he pay^:ent cf claims. ; f _i~_ ! a~ 1~0 942 ~ , ~~~~Y:~ u~ ~ . . . : . _ - : E_ .