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RE~RECORDED 200600814 200600669 any such Asse$sments are 11(c>t fully paid when due and the Association commences such action (or counterclaims or cross claims for such relief in any action) against any Suite Owner personally obligated to pay the same, or proceeds to foreclose its lien against the particular Suite, then all unpaid Assessments, and any and all late charges and accrued interest under this Section, the Association's costs, expenses and reasonable attorneys' fees incurred in preparing and recording any lien notice, and the Association's costs of suit, expenses and reasonable attorneys' fees incurred for any such action and/ or foreclosure proceedings shall be taxed by the court as a part of the cost of any such action or foreclosure proceeding and shall be recoverable by the Association from any Suite Owner personally obligated to pay the same and from the proceeds of the foreclosure sale of such Suite Owner's Suite. Foreclosure, attempted foreclosure, or failure to foreclose by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessments not fully paid when due. 2) Priority of Liens. A lien under this Section is prior to all other liens and encumbrances on a Suite except: (a) liens and encumbrances recorded before the recordation of this Declaration: (b) a first Security Interest on the Suite recorded before the date on which the Assessments sought to be enforced became delinquent; and (c) liens for real estate taxes and other governmental assessments or charges against the Suite. 3) Certificate of Status of Assessments or other Defaults. The Association, upon written request to the Association's registered agent, shall furnish to a Suite Owner or such Suite Owner's designee or to a holder of a Security Interest or its designee, a written statement, in recordable form, setting out the amount of the unpaid Assessments or other defaults against the Suite. The statement must be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board of Directors and each Suite Owner. 4) Common Expenses Attributable to Fewer than All Suites. If a Common Expense is caused by the misconduct of a Suite Owner the Association may assess that expense exclusively against that Suite Owner's Suite as more specifically set forth in next subparagraph 5). 5) Suite Owner's Negligence and Individual Assessments. Notwithstanding anything to the contrary contained in this Declaration, if the need for maintenance or repair of the Common Elements or any improvements located thereon is caused by the willful or negligent act, omission or misconduct of any Suite Owner, or by the willful or negligent act omission or misconduct of 12