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HomeMy WebLinkAbout1046 i _ Expenses in excess of the amounts collected from said guaranteed monthly Common Expense assessments. Commencing at the end of said guarantee period (as to Common 8xpenses), th® Developer shall contribute to the Common Bacpenses, as to the Condominium Units owned by it, in the same manner as all other Unit Owners, as provided in Exhibit "A" attached to this Declaration as it may be amended from time to time. Each Condominium Unit's share of Common Expenses and assessments as provided in Article VII and Article XI of this Declaration shall commence as of the first day of such month or the fifteenth (15th) day of such month as is closer to the date the Certificate•of Occupancy, or similar instrument, is issued by the applicable governmental authority as to said Unit and building within which said Condominium Unit is located in this Condominium. B. Assi nabilit The Developer may assign any or all of its rights an pr vi eges established by this Declaration to any individual(s) or entity or• entities that Developer may choose. ARTICLE XIII INSURANCE The Condominium Association shall use its best efforts to obtain and maintain adequate insurance to protect the Association and the Common Elements. The insurance carried by the Condominium Association shall be governed by the following provisions: A. Loss Pa able Provisions - Insurance Trustee. All policies purchased y e Association s al a or a ens it of the Association, all Unit Owners and mortgagees as their interests may appear. Such policies shall be deposited with the Insurance Trustee (as hereinafter defined), who must first acknowledge that the policies and any proceeds thereof will be held in accordance with the terms hereof. The Insurance Trustee shall be the named insured and it shall not be necessary to name the Association or the Unit Owners; however, a mortgagee endorsement shall be issued. Said policy shall provide that all insurance .proceeds payable on account of loss or damage shall be payable to the Insurance Trustee, which may be any bank in Florida with trust powers as may be approved by the Board of Directors of the Association and by.the Construction Lender, which Trustee is herein referred to F as the "Insurance Trustee." The insurance Trustee shall not be ~ liable for the payment of premiums nor for the renewal or the sufficiency of policies, nor for the failure to collect any ~ insurance proceeds, nor for the form or contents of the policies. The sole duty of the Insurance Trustee shall be to receive such ~ proceeds as are paid and hold the same in trust for the purposes elsewhere stated herein, and for the benefit of the Association, the Unit Owners and their respective mortgagees, in the following shares,-but such shares need not be set forth upon the records of the Insurance Trustee. (1) Loss Payable Provision as to Common Elements: Proceeds on account of damage to Commnon Elements ~ an undivided share for each Unit Owner, such share being the same as the undivided share in the Common Elements ~ appurtenant to his Unit. Limited Common Elements shall be treated as Common Elements for this purpose. a ~ (2) Loss Pa able Provision as to Condominium ~ Units: Proceeds on account of Con ominium Units shall ~e ~n the following undivided shares: r `t i -11- ` l . ~ 7 _ -