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82001413
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Last modified
3/10/2009 1:20:14 AM
Creation date
2/27/2009 7:38:23 PM
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DEEDS
Inst Number
82001413
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$2-- i)OI413 <br />assessment, if said assessment remains unpaid, the Associ- <br />aton may bring suit against the owner or owners of said <br />townhome for recovery of the same. zf the assessment is a <br />monthly installment of an annual assessment, the default in <br />payment of one installment when due, may, at the option of <br />the Association, cause the remainder of the installments due <br />for that annual period tc become immediately due and payable. <br />The defaulting townhome owner shall be liable for the unpaid <br />assessment or assessments, interest thereon from the due <br />date to the date paid at the highest legal rate, and attorney <br />fees and expenses incurred in the collection or" the same. <br />No proceeding to collect defaulted assessments pursuant to <br />this Section shall constitute a waiver of the lien of the <br />Association against said defaulting owner's townhome nor a <br />waiver of the right of the Association to foreclose thereon. <br />The grantee of a townhome shall be jointly and. sever- <br />ally liable with the grantor for ail unpaid assessments <br />against the latter up to the time of the grantor`s conveyance, <br />without prejudice to the grantee's right to recover from the <br />grantor the amounts paid by the grantee therefor, provided, <br />however, that ugan payment of a reasonable fee and upon <br />written request, any such prospective grantee shall be <br />entitled to a statement from the Board of Administrators, or <br />the Manager, in the form met forth in Sec:tion 7 ~f P.rticle <br />V, which shall be conclusive upon the Association. in favor <br />of all persons relying thereon in good faith. Unless such <br />request for a statement of indebtedness shall be compiled. <br />with within fifteen ti5) days of such request, then such <br />grantee shall not be liable for, nor shall the condominium <br />townhome conveyed be subject to a lien for any unpaid as- <br />sessments accruing prior tc; the date of such request. <br />The provisions set forth in this Section shall not <br />apply to the initial sales and conveyances of the condo- <br />minium townhomes made by the Developer, and such sales shall <br />be free from a.ll assessments to the date of conveyance. <br />Section 5. .~~ssessment Lien. <br />Tf any townhome owner shall fail or refuse to make any <br />payment of an assessment when due, the amount thereof plus <br />interest shall constitute a lien on the interest of the <br />townhome cwner in his townhome and in the property and the. <br />Administrators stay record such lien in the Office o° the <br />Register of Deeds., wra~eupon, said lien shall be privileged <br />over and prior to all liens and encumbrances except as- <br />sessments, liens and charges for taxes past due and unpaid <br />on the townhome and except prior duly recorded mortgage and <br />lsen instruments, Assessments. delinquent more than thirty <br />(303 days after the due date shall bear interest at the <br />ha.ghest legal rate from the due date until paid. The de- <br />linquency of one installment of an annual assessment shall <br />cause all remaining installments, at the opti..n cf the <br />Association, to immediately become due and payable. The <br />hoard of Fdminstrators shall have the right and duty to <br />attempt t<r recover such common charges, together with inter- <br />est thereon, and the expenses of the proceeding, including <br />attorney fees, in an action to reccver the same brought <br />against such to•~rnhame owner, or by foreclosure of the lien <br />am such townhome granted by Section 76-817 of the ConCOminium <br />Act. In any action brought by the Board of Administrators <br />to foreclose a lien on a townhome hecause of unpaid assessments, <br />the townhome owner shall. be required to pay a reasonable <br />L <br />-10- <br />
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