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201503252
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5/20/2015 8:49:55 AM
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5/20/2015 8:49:51 AM
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DEEDS
Inst Number
201503252
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201503252 <br />of a Lot changes during an Assessment Period; however, successor Owners of Lots shall be <br />given credit for prepayments, on a prorated basis, made by prior Owners. <br />9.9 Creation of Assessment Lien; Effect of Nonpayment of Assessments; <br />Remedies of the Association. <br />Any Assessment or installment thereof not paid within fifteen (15) days after the <br />Assessment or installment first becomes due shall bear interest from the due date at the rate of <br />interest set from time to time by the Board. In addition, the Board may establish a late fee to be <br />charged to any Owner who has not paid any Assessment or installment thereof within fifteen <br />(15) days after such payment was due. <br />The Association shall have a lien on each Lot for all Assessments levied against the Lot, <br />all Collection Costs incurred as against the Lot, and any amounts payable to the Association <br />pursuant to the Community Documents ( "Assessment Lien "). The Recording of this Declaration <br />constitutes record notice and perfection of the Assessment Lien. <br />The Association may, at its option, Record a Notice of Assessment Lien setting forth the <br />name of the delinquent Owner, the legal description or street address of the Lot against which the <br />Notice of Assessment Lien is Recorded, and the amount claimed to be past due as of the date of <br />the Recording of the Notice, including Collection Costs. Before Recording any Notice of <br />Assessment Lien against a Lot, the Association shall make a written demand to the defaulting <br />Owner for payment of the delinquent Assessments, together with Collection Costs, if any, and all <br />other amounts secured by the Assessment Lien. In the event that any of the amounts specified in <br />the demand are not paid within ten (10) days after delivery of the demand, the Association may <br />proceed with Recording a Notice of Assessment Lien against the Lot. If the Association Records <br />a Notice of Assessment Lien, the Association may charge the Owner against which the Notice of <br />Assessment Lien is Recorded a lien fee in an amount established from time to time by the Board. <br />The Assessment Lien shall have priority over all liens or claims except for liens and <br />encumbrances Recorded before the Recording of this_Declaration, liens for real estate taxes and <br />other governmental assessments and charges, and the lien of any First Mortgage or seller's <br />interest in a first contract for sale Recorded prior to the Assessment Lien. Any First Mortgagee <br />or any other Person acquiring title or coming into possession of a Lot through foreclosure of the <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 />Page 48 of 69 <br />
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