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200501617
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Last modified
10/17/2011 2:28:31 AM
Creation date
10/18/2005 3:16:02 PM
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DEEDS
Inst Number
200501617
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200501617 <br />payable to Harder Estates Subdivision Association. The initial annual assessment shall be <br />$100.00 per lot that has been purchased from the original owner. The original owner shall not <br />pay association dues. <br />4. SPECIAL ASSESSMENT. In addition to the annual assessment authorized above, the <br />Association may levy a special assessment for the purpose of paying, in whole or part, the cost of <br />capital improvements, and in particular, the cost of any construction, reconstruction, or repair or <br />replacement, or additions or appurtenances thereto, of Streets and Easements of Property and of <br />any appurtenances located thereon, including any central water and/or sewage disposal system for <br />the benefit of Property and including fixtures and personal property related thereto. Special <br />assessments shall be approved by the affirmative vote of two - thirds (2/3) of the Members of <br />Association entitled to vote. <br />5. MEETINGS. Written notice of any meeting called for the purpose of taking any <br />action authorized under Section 3 or under Section 4 shall be sent to all Members at their <br />respective addresses as appears on the books of the Association not less than 30 days nor more <br />than 60 days in advance of such meeting. At the first such meeting called, the presence of <br />Members, in person or by proxy, entitled to cast 60% of all the votes of each class of <br />Membership shall constitute a quorum. If the required quorum is not present, another meeting <br />may be called subject to the same notice requirement, and the required quorum at such <br />subsequent meeting shall be 50% of all votes of each class of Membership. Any such subsequent <br />meetings shall be held within 60 days following the preceding meeting. Written notice as to all <br />other meetings of the Association shall be sent as above noted at least 10 days prior to the <br />meeting to each member at their respective addresses as appears on the books of the Association. <br />6. PAYMENTS. Annual assessments shall be uniform in amount as to all Lots, may be <br />payable annually or in installments, and shall have a due date or dates. Special assessments may <br />be uniform in amount as to all Lots or may be assessed against those Lots receiving the benefit of <br />the capital improvement, may be payable annually or in installments, and shall have a due date or <br />dates which may be more than one year from the date of assessment. Assessments payable in <br />installments may accrue interest as specified by the Association. <br />7. CERTIFICATE. Written notice of an assessment shall be sent to every Owner subject <br />thereto. The Association shall, upon demand, and for a reasonable charge, furnish a certificate <br />signed by an officer of the Association, setting forth whether or not the assessment on a specified <br />Lot has been paid. A properly executed certificate of the Association as to the status of <br />assessments on a particular Lot shall be binding upon the Association as of the date of its <br />issuance by the Association. <br />8. DELINQUENT ASSESSMENTS. Any assessment not paid within thirty (30) days <br />after the date due shall he delinquent and said assessment shall bear interest from the due date at <br />the rate of fourteen (14 %) percent per annum. Any assessment payable in installments shall be <br />paid within thirty (30) days after the installment due date, Any assessment payable in <br />installments not paid within thirty (30) days after the installment due date shall cause an <br />acceleration of the full amount of the assessment and said assessment shall be due and payable in <br />full and said assessment shall bear interest from said installment due date at the rate of fourteen <br />(14 %) percent per annum. The Association may bring any action at law against the Owner <br />personally obligated to pay the same or foreclose the lien against the Lot assessed. No Owner <br />may waive or escape liability for the assessment provided herein by non -use or abandonment of <br />Owner's Lot or conveyance of Lot or by renunciation of Membership in the Association. <br />9. LIEN STATUS. The lien of the assessments provided for herein shall be subordinate <br />to the lien of any first mortgage, and the holder of any first mortgage on any Lot may rely on this <br />provision without the necessity of the execution of any further subordination agreement by the <br />Association. Sale or transfer of any Lot shall not affect the status or priority of the lien for <br />assessments made as provided herein. An officer of the Association may release the lien of any <br />delinquent assessment on any Lot as to which the first mortgage thereon is in default, if such <br />officer determines that such lien has no further value to the Association. <br />10. SUSPENDED VOTING RIGHTS. The Association may suspend the voting rights of <br />an Owner for any period during which any assessment against such Owner's Lot remains unpaid, <br />
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