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<br /> <br />4810-5342-0509, v. 2 <br /> 51 <br /> <br />10.1.3 Fidelity Bond. The Association shall maintain a commercial crime policy or a <br />fidelity bond in an amount equal to the greater of: (a) the estimated maximum amount of funds, including <br />reserves, expected to be regularly held by or on behalf of the Association or a managing agent at any given <br />time during the term of the fidelity bond; and (b) three (3) months’ aggregate of the Regular Assessments <br />on all Condominiums plus any reserve funds. If the Association maintains a bond, the bond shall name the <br />Association as obligee and if the Association maintains insurance, the policy shall name the Association as <br />the insured and shall insure against loss by reason of the acts of the officers, directors and employees of <br />the Association, and any managing agent and its employees, whether or not such persons are <br />compensated for their services. The bond shall contain waivers by the issuers of the bond of all defenses <br />based upon the exclusion of persons serving without compensation from the definition of "employees", or <br />similar terms or expressions. <br />10.1.4 Worker’s Compensation Insurance. The Association shall maintain worker’s <br />compensation insurance to the extent necessary to comply with all Applicable Laws. <br />10.1.5 Directors and Officers Insurance. The Association shall maintain a policy <br />insuring the Association’s officers and directors against liability for their acts or omissions while acting in <br />their capacity as officers and directors of the Association. The limits of such insurance shall at all times <br />meet or exceed the minimum requirements of California Civil Code Section 5800. <br />10.1.6 General Policy Requirements. All insurance policies the Association is <br />required to obtain pursuant to this Article shall be placed and maintained with companies rated at least <br />“A/VIII” by A.M. Best Company, Inc. and otherwise reasonably satisfactory to the Association. If an A.M. <br />Best Company, Inc. rating is not available, a comparable rating service may be used. Such insurance <br />policies may have reasonable deductible amounts comparable to those customarily maintained with respect <br />to properties similar in construction, location and use, as may be determined by the Board. For projects <br />approved by FNMA, the maximum deductible may not exceed the maximum deductible, if any, established <br />by FNMA. For projects approved by FNMA and/or FHA, the insurance may not be prejudiced by any acts, <br />negligence or omissions of Owners which is not in the control of such Owners collectively. The coverage <br />amounts required for such insurance policies may be satisfied by any combination of primary and excess <br />policies that collectively serve to satisfy the requirements of this Article. The name of the insured under <br />such policy must be set forth therein substantially as follows: “Maple Lane Homeowners Association for <br />use and benefit of the individual homeowners”. The Board is appointed attorney-in-fact by each Owner for <br />the purpose of purchasing and maintaining property and liability insurance, including: the collection and <br />appropriate disposition of the proceeds thereof; the negotiation of losses and execution of releases of <br />liability; the execution of all documents; and the performance of all other acts necessary to accomplish such <br />purpose. <br />10.1.7 Copies of Policies. Copies of all insurance policies of the Association shall <br />be retained by the Association and available for inspection by Owners and First Mortgagees at reasonable <br />times. All such insurance policies and fidelity bonds shall provide that they shall not be cancelable or <br />substantially modified by the insurer without first giving at least thirty (30) days prior notice in writing to the <br />Association, Owners and First Mortgagees (and in the case of any FNMA Mortgage, the servicer of such <br />Mortgage), except that ten (10) days prior written notice shall be required if the cancellation is for non- <br />payment of premiums. In addition to the foregoing, the Association shall provide to the Owners such <br />information regarding the insurance of the Association as may be required by Applicable Laws or under the <br />Bylaws. <br />10.1.8 Earthquake Insurance. ALL PARTIES ACKNOWLEDGE THAT <br />EARTHQUAKE INSURANCE IS NOT INCLUDED IN THE COMMUNITY BUDGET AND IS NOT BEING <br />OBTAINED BY DECLARANT FOR THE BENEFIT OF THE OWNERS OR THE ASSOCIATION. NEITHER <br />DECLARANT NOR THE ASSOCIATION IS OBLIGATED TO MAINTAIN EARTHQUAKE INSURANCE ON <br />THE COMMUNITY OR ANY PORTION THEREOF. Declarant or any Owner (and/or their respective <br />lenders) may maintain earthquake insurance for their own benefit, but the premiums therefor may not be <br />included by Declarant or the Association in the assessments. Notwithstanding the foregoing, at such time <br />as the Board is no longer controlled by Declarant, the Association may, in its discretion, (but without any <br />304