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HomeMy WebLinkAbout2625 . (7) Insurance Com anies P»thorized to do business in the State of Florida shall a f rmatively be presumed to be good and responsible companies and the Board of Directors of the Asso- ciation shall not be responsible for the quality or financial responsibility of the insurance companies provided same are licensed to do business~in the State of Florida. ' C. Distribution of Proceeds. Proceeds of insurance policies received by t e Insurance Trustee shall be distributed to or for the benefit of those entitled thereto pursuant to this Article XIII and expended or disbursed after first paying or making pro- vision for the payment of expenses of the Insurance Trustee in the following manner: (1) Reconstruction or Re air: If the damage for which the proceeds were pai is to a repaired and restored, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to those entitled thereto pursuant to this . Article XIII, all remittances to Unit Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by it. The remit- tance shall be made solely to an Institutional Mortgagee when requested by such Institutional Mortgagee if the mortgage held by it provides that it has the right to require application of the insurance proceeds to the payment or reduction of its mortgage debt. (2) Failure to Reconstruct or Repair If it is deter- mined in the manner elsewhere herein provided that the damage for which the proceeds are paid shall not be repaired and restored, the proceeds shall be disbursed to the Unit Owners and their mortgagees, remittances to Unit Owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by him.he remittance shall be made solely to an Institutional Mortgagee n requested by such Institutional Mortgagee if the mortgage held by it provides = ` t!:e right to require application of the insurance v~YN V i V ..YV li proceeds to the payment of its mortgage debt. In the event of loss or damage to personal rroperty belonging to the Association, the proceeds shall be disbursed to the Unit Owners and any mortgagee ~ having an interest in them (as their interests may appear) as surplus in the manner elsewhere stated if the Board of Directors of the Association determine not to replace such personal property as may be lost or damaged. _ i ! (3) Certificate: In making distribution to the Unit Owners and their mortgagees, the Insurance Trustee may rely upon a certificate of the Association as to the names of the Unit ~ Owners and their respective shares of the distribution approved in writing by an attorney authorized to practice .law in the State of Florida, or a title insurance company or abstract company authorized to do business in the State of Florida. Upon request of the Insurance Trustee, the Association forthwith shall deliver ~ such certificates. D. Reconstruction or Repair~After Casualty. (1) Loss Less Than'"Very Substantial". Where a loss or damage occurs within a Unit or Units, or to the Common Elements, or to any Unit or Units and the Common Elements, but said` loss is less than "very substantial" (as hereinafter defined), it shall be obligatory upon the Association and the Unit Owners to repair, restore and rebuild the damage caused by said loss. Where such loss or damage is less than "very substantial": -13- ~,R7~~ C~?IE1~, ~ c. ~1~ J