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DSCC-57520\2494968.2 21 September 17, 2021 <br />interests, provided that the Association shall maintain the minimum insurance requirements set forth in Civil <br />Code section 6840 and any successor statute thereto. If the Association elects to reduce the coverage <br />materially from the coverage required in this Article 7, the Association shall make all reasonable efforts to <br />notify the Members of the reduction in coverage and the reasons therefor at least thirty (30) days prior to <br />the effective date of the reduction. Notwithstanding the foregoing, the Association shall not reduce <br />coverage or deviate from coverage required by any Mortgagee whose insurance requirements have been <br />provided to the Association. <br />The Association is authorized to negotiate and agree on the value and extent of any loss under any <br />policy carried by the Association, including, but not limited to, the right and authority to compromise and <br />settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any <br />insurer. <br />Each Owner, by acceptance of a deed to a Condominium, irrevocably appoints the Association or <br />the Insurance Trustee described in Section 7.7 as that Owner’s attorney-in-fact for purposes of procuring, <br />negotiating, accepting, compromising, releasing, settling, distributing and taking other related actions in <br />connection with any insurance policy maintained by the Association and any losses or claims related thereto <br />and agrees to be bound by the actions so taken as if the Owner had personally taken the action. <br />7.6 Periodic Insurance Review. The Association periodically (and not less than once every <br />three (3) years) shall review the Association’s insurance policies and make such adjustments to the policies’ <br />terms and conditions as the Association considers to be in the best interests of the Association. If <br />applicable, the review shall include an appraisal by a qualified appraiser of the current replacement costs <br />of all covered property under the Association’s property insurance policy unless the Association is satisfied <br />that the current dollar limit of the property insurance policy, coupled with the amount of actual reserves on <br />hand, is equal to or greater than the current replacement costs. <br />7.7 Insurance Trustee. All property insurance proceeds payable to the Association under any <br />property insurance policy procured by the Association as described in Section 7.3, subject to the rights of <br />Mortgagees under Article 9, may be paid to a trustee as designated by the Association to be held and <br />expended for the benefit of the Owners and Mortgagees as their respective interests shall appear. The <br />trustee shall be a commercial bank or other financial institution with trust powers in the county in which the <br />Development is located that agrees in writing to accept such trust. If repair or reconstruction is authorized, <br />the Association will have the duty to contract for such work as provided for in this Declaration. <br />7.8 Other Insurance. In addition to the policies described in Sections 7.2 and 7.3, the <br />Association may obtain and maintain such other insurance as the Association in its discretion considers <br />necessary or advisable. <br />ARTICLE 8 <br />Damage, Destruction or Condemnation <br />8.1 Restoration Defined. As used in this Article 8, the term “restore” shall mean repairing, <br />rebuilding or reconstructing Improvements damaged or destroyed as a result of a fire or other casualty to <br />substantially the same condition and appearance in which they existed prior to fire or other casualty <br />damage. <br />8.2 Insured Casualty. If any Improvement is damaged or destroyed from a risk covered by the <br />insurance required to be maintained by the Association and the insurance proceeds are sufficient to cover <br />the loss, then the Association, to the extent permitted under existing Applicable Laws and except as <br />otherwise authorized under this Article 8, shall restore the Improvement subject to such changes as may <br />be Approved by the Owners or required by Applicable Laws. The Association shall proceed with the filing <br />and adjustment of all claims arising under the existing insurance policies. The insurance proceeds shall be <br />paid to and held by the Association or an insurance trustee selected under the provisions of Section 7.7.