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6. 1. B. - Page 93 <br />subdivisions or categories thereof and the respective amounts paid or due to each of those persons <br />in respect of such services and stating the progress of the work up to the date of the certificate; <br />(3) that the sum then requested to be disbursed plus all sums previously <br />disbursed does not exceed the cost of the work insofar as actually accomplished up to the date of <br />such certificate; <br />(4) that no part of the cost of the repair or reconstruction has been or is <br />being made the basis for the disbursement of any funds in any previous or then pending application; <br />(5) that the amount held by the Depository, after payment of the amount <br />requested in the pending disbursement request, will be sufficient to pay in full the costs necessary to <br />complete the repair or reconstruction; and, <br />(6) that mechanics' lien releases have been obtained from those eligible to <br />file lien claims. <br />If the cost of repair or reconstruction is less than twenty -five percent (25 %) of the current <br />replacement cost of all the Project improvements, the Board shall disburse the available funds for <br />the repair and reconstruction under such procedures as the Board deems appropriate under the <br />circumstances. <br />The repair or reconstruction shall commence as soon as reasonably practicable after <br />the date of such damage or destruction and shall be completed as quickly as is reasonably <br />practicable after commencement of reconstruction, subject to delays that are beyond the control of <br />the party responsible for making the repairs. The Owner of the damaged or destroyed improvement <br />(and the Board, in the case of damage to the Common Area) immediately shall take such steps as <br />may be reasonably necessary to secure any hazardous condition and to screen any unsightlyviews <br />resulting from the damage or destruction. <br />In the event the work required to repair or restore damage ordestruction involves work that is <br />the responsibility of Owner and the Association as provided in Sections 7.21 and 5.1.A, then all of <br />such work shall be directed by the Board, with the expense to be allocated between Owner and the <br />Association pursuant to Sections 7.21 and 5.1.A. If more than one Owner is involved, the expense <br />to be paid by each Owner shall be apportioned by the Board. If the Association is involved in a <br />dispute over the apportionment of such expenses, then the dispute shall be settled by arbitration <br />pursuant to Section 9.1. <br />If the Association undertakes any work which Section 7.21 requires an Owner to undertake, <br />or any work which the Association is required to undertake at the expense of the Owner, the Board <br />shall assess the Condominium of the Owner for such work and shall so inform the Owner thereof in <br />writing; provided, however, that the Assessment shall be reduced by the amount of any insurance <br />proceeds paid to the Association as a result of damage to or destruction of the Unit or the <br />Condominium involved. Such Assessment shall be alien upon the Condominium of the Owner and <br />may be foreclosed, as set forth in Section 4.9. <br />C. Process If Repair or Reconstruction Not Undertaken: If the improvements <br />are not required to be repaired or reconstructed in accordance with the foregoing, all available <br />insurance proceeds shall be disbursed among the Owners of the damaged Units and their <br />respective Mortgagees in proportion to the respective fair market values of their Condominiums as <br />of the date immediately preceding the date of damage or destruction as determined by a qualified <br />49 <br />03/06/12 <br />TAVOWIN60TROJECTS033 MAIN STREETIDEC - DRAFTING FORM[7][03 06 12].doc <br />