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pf_03123
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pf_03123
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7/17/2007 12:41:54 PM
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12/8/2004 3:51:42 PM
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<br />All maintenance and repair of individual buildings constructed on a Lot shall be the <br />sole obligation, responsibility and expense of the individual Owners thereof, except to the <br />extent that exterior maintenance and repair or maintenance of water and sewer systems within <br />the Lots is provided by the Association as approved by a majority of votes cast in person or <br />by proxy at a meeting called for such purposes. In the event that any maintenance or repair <br />to any part of the properties is necessitated by willful or negligent acts of any Owner, his or <br />her family, guests, or invitees, the cost of all such maintenance, repairs, attorneys fees and <br />costs of enforcement, shall be added to and become part of the assessments to which the Lot <br />of such Owner is subject. The Association shall be responsible for all damage done to the <br />Lots and the improvements thereon in the course of such maintenance and repairs and shall <br />perform or pay for the restoration of and repairs to such improvements. In addition, the <br />Association shall have the right to enter the Owner's Lot and to restore any part of the <br />Building or Lot to its prior condition if any alterations were made in violation of this Article, <br />and the costs of said restoration shall be a personal obligation of the Owner and a lien against <br />the Owner's Lot. <br /> <br />ARTICLE IX <br />INSURANCE <br /> <br />Section 1. ReQuired Coverae:e. The Association shall obtain and maintain, <br />at a mInImUm, a master PQlicy or policies of insurance in accordance with the insurance <br />requirements set forth in the Act and the additional requirements set forth herein, issued by <br />a reputable insurance company or companies authorized to do business in the State of <br />Minnesota, as follows: <br /> <br />a. Property insurance in broad form covering all risks of physical <br />loss in an amount equal to one hundred percent (100%) of the <br />insurable "replacement cost" of the Property, less deductibles, <br />exclusive of land, footings, excavation and other items normally <br />excluded from coverage (but including all building service <br />equipment and machinery). The policy or policies shall cover <br />personal property owned by the Association. The policy or <br />policies shall also contain "Inflation Guard" and "Agreed Amount" <br />endorsements, if reasonably available. Such policy or policies to the foregoing <br />and other hazards as may be required from time to time by the regulations of <br />the Federal Housing Administration ("FHA") or Federal National Mortgage <br />Association ("FNMA") as a precondition to their insuring, purchasing or <br />financing a mortgage on a Lot. The Board may also, on behalf of the <br />Association, enter into binding written agreements with a mortgagee, insurer or <br />servicer, including without limitation the FHA of FNMA, obligating the <br />Association to keep certain specified coverage or endorsements in effect. <br /> <br />b. Comprehensive public liability insurance covering the use, <br />operation and maintenance of the Common Elements, with <br />minimum limits of $1,000,000 per occurrence, against claims for <br />death, bodily injury and property damage, and such other risks as <br />are customarily covered by such policies for projects similar in <br />construction, location and use to the Property. The policy shall <br />contain a "severability of interest" endorsement which shall <br />preclude the insurer from denying the claim of an Owner or <br />Occupant because of negligent acts of the Association or other <br />Owners or Occupants. The policy shall include such additional' <br /> <br />12 <br />
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