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which, or as to which such default exists and summarily to abate and remove, at the . <br /> Defaulting Unit Owner's expense, the structure,thing,or condition constituting the <br /> default, and the Association, and his agents, employees and representatives, shall not <br /> thereby be deemed guilty in any manner of trespass. The costs of such abatement and � <br /> removal shall be specially assessed to the Defaulting Unit Owner. <br /> 6. Monetary Liability of Defaulting Member. Each unit owner shall be liable for the <br /> expense of any maintenance, repair or replacement necessitated by his act, omission, <br /> neglect, or carelessness or by that of any member of his family or his or their guest, <br /> employees, agents, lessees, invitees, or licensees,but only to the extent that such expense <br /> is not met by the proceeds of insurance carried by the Association. Such liability shall <br /> include any increase in any insurance rates occasioned by use, misuse, occupancy or <br /> abandonment of any unit or its appurtenances. Nothing herein contained, however, shall <br /> be construed so as to modify any waiver by insurance companies of rights to subrogation. <br /> 7. Recovery of Attorneys' Fees and Costs. As provided in Section 2 of this Article VII of <br /> this Declaration and Section S15B.3-115(e)(4)of the Act, the Association shall be <br /> entitled to recover reasonable attorneys' fees and costs incurred by the Association in any <br /> proceeding brought to collect an unpaid assessment or installment of assessment from the <br /> Defaulting Unit Owner or to foreclose a lien for the amount thereof on the Defaulting <br /> Unit Owner's unit. In any proceeding arising because of an alleged non-monetary default <br /> by the Defaulting Unit Owner, the prevailing party shall be entitled to recover the costs of <br /> such proceeding and such reasonable attorneys' fees and costs as may be allowed by the <br /> court. <br /> 8. Recovery of Interest. The Association shall be entitled to recover from the Defaulting <br /> Unit Owner who has defaulted in the payment of assessments due the Association, or has <br /> committed a non-monetary default which has necessitated the Association expending <br /> money to cure the default, interest on the amount due which shall commence to accrue 14 <br /> days after the particular assessment, installment of assessment or amount due the <br /> Association for its curing the Defaulting Unit Owner's default was due until paid in full. <br /> The interest rate shall be that rate which the Board of Directors has established at the time <br /> of the Defaulting Unit Owner's default or, if the Association has not established an <br /> interest rate, then the rate shall be that rate which is provided under Section 549.09 of <br /> Minnesota Statutes, as amended. In no event shall the interest rate exceed the highest rate <br /> allowed by law in the State of Minnesota applicable to such an indebtedness. <br /> 9. Non-Waiver of Covenants.The failure of the Association or of a unit owner to enforce <br /> any term, provision,right, covenant or condition which may be granted by any of the CIC <br /> Documents and the Act shall not constitute a waiver or abrogation of the right of the <br /> Association or a unit owner to enforce such term,provision, right, covenant or condition <br /> in the future, irrespective of the number of violations or breaches thereof which may have <br /> occurred. <br /> ARTICLE VIII. <br /> Insurance <br />