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HomeMy WebLinkAbout2217 ~~~h e~~~ exnense represented by the asseesmenta levied and collected by ASSOCIATION is necessary in order tv • preserve andprotect the fnvestment of the owrier of each PRIVAT$ ~LLING. ASSOCIATION is hereby granted a lien upon such pRIV!?TS DPTBLLINa and its appurtenant undivided interest in COMMON PROPBRT7t, which lien ahall aecure and doea aecure the monies due from all assessmente now or hereafter levied againsL the owner of each PRIVATE DWSLLING, which 2ien sha~l alao secure interest, if any, which may be due on the amount of any delinquent assesementB owing to ASSOCIATION, and which Zien shall also secure all costs and expenses, inclu~inq a reaeonable attorney'e fee. which may be incurred by ~ ASSOCIATI4N in en#orcing thie lien upon said PRIVATS DWELLIN(3 and ite appurtenant undivided interest in COMI~DN PRpP~RTY. The lien granted to ASSOCIATION may be foreclosed in the State of Florida, and in any euit for the foreclosure of eaid lien, ASSOCIATION sha11 be entitled to rental from the owner' of any BRIVATS DiWSLLING from the date on which the payn?ent of any aseeesment or inetallment thereof became delinquent, and shall be entitled to the appointment of a Receiver for said PRIVATS ~LLZNG, without notice to the owner of such PRIVATB DiWELLING.- The rental required to be paid shall be equal to the rental charqed on comparable type of Dwellfng Units in St. Lucie Couaty, Florida. The Iien granted to ASSOCIATI0~1 shall further secure such advaacee for taxea, and payments on ~?~eau~t af ~4g~riar :z~rtg~~es, ~~p~ o~ encumbrances whicb may be required to be advanced by ASSOCIATION in order to preserve and protect its lien, and ASSOCIATION ahall further be entitled to interest at the rate of 896 per annum on any such aduances made for auch purpose. A 11 persons, firms or corporations who sha~ll acquire, by whatever means, any intereet in the ownerehip of any PRIVATS D~WELLING, or who ' may be given or acquire a mortgage, lien or other encumbrance thereon, are hezeby pl3ced on notice af the lien right~ granted to ASSOCIATION, and shall acquire such interest in ; any PRTVATS D~WELLING expressly aubject to such lien rights. K) The lien herein granted unto ASSOCIATION shall be effeetive fram and after the time of recording in the Public Records. of St. Lucie County, Florida, a claim of lien stati.ng the description of the PRIVATE DWELLI1vG encum'serea LIItSLC~~i ~ ~ name of the record awner, the amount due and the date when due, and the lien sha 11 continue in effect until all sums secured by said lien, as herein provided, shall have been fully paid. Such claims of lien shall include only assess- ments which are due and payable when the claim of lien ia recorded, plue intereet, costs, attorney's fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien shall be siqned and verified by an officer or agent of ASSOCIATION. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record. In the event that any person, firm or corporation shall acquire title to any PRIVATS DWELLING and its appurtenant undivided interest in COMM~ON PROPERTY by virtue of any foreclosure or judicial sale, forecloaing or resulting from • the forecloaure of a first mortgage encumberinq auch PRIVATE DiWELLING and its appurtenant undivided interest in COMMON PR~OPSRTY, such person, firn~ or corporation so acquiring title $hall only be liable and obligated for assessments ae ahall accrue and become due and payable for said PRIVAT$ D~WELLING and i.ts appurtenant undivided interest in COMMON PR4PERTY subsequent to the date of acquisition of such title, and shall not be liable for the payment of any asseasmenta which were in default and delinquent at the time it acquired such title. In the event of the acquisition of title to a PRIVATE DwELLING by foreclosure or judicial sa le, any assessment or assessments as to which the party so acquir~ng title shall not be 1iable shaZl be abeorbed and paid by all -20- BURX~~tJ t'.4CE~~~~ 10.15. 2 t ~~iJO $QIELVOGEL, C}pLDMAN AND CARUSO, P. A. - ATTORNEYS AT LAVG~ . MERRITT ISLAND, FLORIDA