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201309222
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Last modified
8/19/2014 2:24:43 PM
Creation date
11/22/2013 8:53:25 AM
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DEEDS
Inst Number
201309222
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Page 48 of 68 <br />201309222 <br />First Mortgage, purchase at a foreclosure sale or trustee sale, or through any equivalent <br />proceedings (including but not limited to the taking of a deed in lieu of foreclosure) shall acquire <br />title free and clear of any claims for unpaid assessments and charges against the Lot that became <br />payable prior to the acquisition of such Lot by the First Mortgagee or other Person. Any <br />Assessments and charges against the Lot that accrue prior to such sale or transfer shall remain <br />the obligation of the defaulting Owner. <br />The Association shall not be obligated to release the Assessment Lien upon a Lot, except <br />as it may be subject to foreclosure by a lien having priority, until all delinquent Assessments, <br />Collection Costs, and all other sums attributed to that Lot and payable to the Association by the <br />Owner have been paid in full. <br />The Association shall have the right, at its option, to enforce collection of any delinquent <br />Assessments, together with Collection Costs and any other sums due to the Association, in any <br />manner allowed by law, including but not limited to bringing an action at law against the Owner <br />personally obligated to pay the delinquent Assessments (which action may be brought without <br />waiving the Assessment Lien) and bringing an action to foreclose the Assessment Lien against <br />the Lot in the manner provided by law for the foreclosure of a realty mortgage. The Association <br />shall have the power to bid at any foreclosure sale and to purchase, acquire, hold, mortgage, and <br />convey any and all Lots purchased at such sale. <br />8.10 Purposes for Which Association's Funds May Be Used. <br />The Association may use the funds and property collected and received by it (including <br />the Assessments, fees, loan proceeds, surplus funds, and all funds and property received from <br />any other source) for the purpose of (a) discharging and performing the Association's duties and <br />obligations under the Community Documents or applicable law; (b) exercising the rights and <br />powers granted to the Association by the Community Documents or applicable law; (c) <br />providing or promoting activities and services that the Board deems appropriate, necessary, or <br />desirable to foster or promote the common good and general welfare of the Property, Owners, <br />and Residents; (d) contracting for services to be provided to Owners and Residents; and (e) <br />taking such other action as the Board deems necessary, appropriate, or desirable for the <br />management and administration of the Association or the benefit of the Association or the <br />Property. <br />8.11 Surplus Funds. <br />The Association shall not be obligated to spend all the Assessments and other sums <br />received by it in the year received, and may carry forward any balances remaining as surplus. <br />The Association shall not be obligated to reduce the amount of the Regular Assessment in the <br />succeeding year if a surplus exists from a prior year, and the Association may carry forward from <br />year to year such surplus as the Board may determine to be desirable for the greater financial <br />security of the Association and the accomplishment of its purposes. <br />8.12 Initial Capital Contribution. <br />Each Purchaser of a Lot from the Declarant or a Designated Builder shall pay to the <br />Association, immediately upon becoming the Owner of the Lot, a sum equal to one -fourth of the <br />
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