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202406497
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Last modified
12/20/2024 2:50:27 PM
Creation date
12/20/2024 2:43:51 PM
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DEEDS
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202406497
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202406497 <br />by the Unit Owners, the amounts determined, levied and assessed pursuant hereto shall <br />be assessed proportionately against each Unit, in accordance with Article 4, Paragraph <br />2, Table of Allocations. <br />ARTICLE 9. ASSOCIATION'S LIEN <br />1) Association Lien and Effect of Non -Payment of Assessments. The Assessments <br />including all charges, fees, fines, impositions, interest, costs, late charges, expenses and <br />reasonable attorneys' fees which may arise under the provisions of this Declaration, <br />also including any installment thereof (collectively "Assessments"), shall be burdens <br />running with, and perpetual liens in favor of the Association upon the specific Unit to <br />which such Assessments apply. Recording of this Declaration constitutes record notice <br />and perfection of the Association's lien. Further recording of a claim of lien for <br />Assessments is not required. Any Assessments provided for in this Declaration which <br />are not fully paid within twenty (20) days after the due date thereof shall bear interest <br />at the rate of ten percent (10%) per annum from the due date or a date established by <br />the Association, and the Association may assess a late charge thereon which late charge <br />shall also be subject to interest charges. In the event of default in which any Unit <br />Owner does not make payment of any Assessments levied against the Unit Owner's <br />Unit within thirty (30) days of the due date, the Board of Directors may declare all <br />unpaid Assessments for the pertinent fiscal year immediately due and payable. <br />The Association may bring an action at law or in equity or both against any Unit Owner <br />personally obligated to pay such overdue Assessments, may foreclose its lien against <br />such Unit Owner's Unit. An action at law or in equity by the Association against a <br />Unit Owner to recover money judgment for unpaid Assessments may be commenced <br />and pursued by the Association without foreclosing or in any way waiving the <br />Association's lien therefore. If any such Assessments are not fully paid when due and <br />the Association commences such action (or counterclaims or cross claims for such <br />relief in any action) against any Unit Owner personally obligated to pay the same, or <br />proceeds to foreclose its lien against the particular Unit, then all unpaid Assessments, <br />and any and all late charges and accrued interest under this Section, the Association's <br />costs, expenses and reasonable attorneys' fees incurred in preparing and recording any <br />lien notice, and the Association's costs of suit, expenses and reasonable attorneys' fees <br />incurred for any such action and/or foreclosure proceedings shall be taxed by the court <br />as a part of the cost of any such action or foreclosure proceeding and shall be <br />recoverable by the Association from any Unit Owner personally obligated to pay the <br />same and from the proceeds of the foreclosure sale of such Unit Owner's Unit. <br />Foreclosure, attempted foreclosure, or failure to foreclose by the Association of its lien <br />shall not be deemed to estop or otherwise preclude the Association from thereafter <br />again foreclosing or attempting to foreclose its lien for any subsequent Assessments <br />not fully paid when due. <br />2) Priority of Liens. A lien under this Section is prior to all other liens and <br />encumbrances on a Unit except: (a) liens and encumbrances recorded before the <br />recordation of this Declaration: (b) a First Security Interest on the Unit recorded before <br />9 <br />
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