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HomeMy WebLinkAbout2219 the Insurance Trustee. The Insurance Trustee may rely upon tr.~ certi:icate of the Association and the aforesaid institutional f ~rst mortgages, if said institutional first.mortgagee's written approval is required, as to t~e payee and the amount to be pa~d from said proceeds. All payees shall deliver paid bills and waivers of ~~cr.ancis' liens to the Insurance~Trustee. and execute any Arziaavit required by law or by the Association, the aroresaid institutional f irst mortgagee, and Insura~ce Trustee, and deliver same to the Iasurance Trustee. In addition to the foregoing, the institutional f irst mortgagee, whose approval r?ay be required as aforedescribed, s:.a~l have the right to require the Association to obtain a cor.~pletion, m~rformance and payment bond in an amount and with a bonding company aU~~orized to do business in the State of Florida, which are acce~table to said mortgagee. (d) Subject to the foregoing, the Board of Directors s'c.ali have the righ~ and obligation to negotiate and contract =or tne repair and restoration o~ the premises. (e) If the net proceeds of the insurance are in-. sL~ficient to pay for the estimated cost of restoration and repair (or for the actual cost thereof if the work has actually been aone), tr.e Association shall promptly upon determination of the def iciency, levy a special assessment against all unit awners in proportion to tY.e unit owners' share in the common elements for that portion of tt.e deficiency as is attributable to the cost of restoration o~ the ~L a:.,; a..~ i„r; r nwneY's for that corr~nton elements, and agcaiiis ~ i:•4~- portion of the deficiency as-is attributable to his individual unit; provided, however, that if the Board of Directors finds that it cannot determine with reasonable certainty the portion of the deficiency attributable to.specific individual damaged unit(s), then the Board or Directors shall levy the assessment for the total deficiency ~ aSainst all o: the unit owners in proportion to the unit owners' ~ share in the common elements just as though all of said damage had ~ occurred in the common elements. The special assessment funds shall ~ be delivered by the Association to the Insurance'Trustee and added by said Trustee to the proceeds available for the repair and restoration of tY~e property. ~ (f) In,the event the insurance proceeds are su~~icient zo pay for the cost of restoration and repair, or in the event tc.~ i:.surance.proceeds are insufficient but additional funds are raised by special assessment within ninety (90) days after the casualty so that sufficient funds are on.hand to fully pay for such restoration and repair, then no mortgagee shall have the right to require the application of insurance proceeds to the payment of its loan, providetl, however, that this provision may be waived by the Boara of Directors in favor of any institutional first mortgagee upon - request therefor at any tirae. To the extent that any insurance 5~ proceeds are required to be paid over to such mortgagee, the unit ~ owaer shall be obliged to replenish the funds so paid over, and said ur.it owner and his unit shall be subject to special assessment for ~ such ~w~a. ~ . ~ • ~ ~ -16- ~ ~ gppX ~JU FACE ~~15 ~ LAW OFFIGE3 BART L. COHEN, CtTY NATIONI~I 6ANK BUILOIN~3, MIAM1, FLORIOA _ - - ; ~ ~ ~~~j • ~ § ~..k.,,w.=-.-~:s`-'`u ~ _.f-, _