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HomeMy WebLinkAbout0645 . ~ ~ ~ ; # Condominium parcel, togethEr with a lien on all tangible persnnal property ~ loca,ted within said unit, except that such lien shall be subordinate to prior ' bona fide liens of record. Reasona,ble attorney's fees incurred by the Associ ; ation (and/or Management Firm) !ncldent to the collection of such assess- ` ments or the enforcement of such lien, toqether with all sums advanced and ` paid by the Assoc~atfon (and/or the Mana.qement Firm) for taxes and pa,yments i ~ on account of super~or mortga.ges, liens or encumbrances wti ch may be i ~ required to be adva.nced by the Association (and/or the Management Firm) in order to preserve ~.nd protect its lien, sha.ll be paya,ble by thQ defaulting ; Unit G~vner(s) and secured by such lien. The Marragement Firm, for as long as the M~.nagement Aqreement remains ,in effect, and the Loard of Adminis- : tration may take such action as it deems necessary to collection assessmenis ~ by personal action or by enforcinq and foreclosing said lien, and may settle g and compromise the same if deemed in its best interests. Sa.id lien shall be effe~ti~e as and in the manner provided for by the Condominium Act and ? shall have the priorities esta.blfshed by said Act. The Management Firm, ; as long as the.Mariagement Agreement remains in effect, and the Associa- ` ~ tion, sha.11 be entitled to bid at any sale held pursuant to a snit to fore^lose ~ an assessment lien, and to apply as a a.sh credit against its bid, all sums due, as provided herein, covered by the lien enforced: I~ case of su~h ~ foreclosure, the defaulting Unit G~vner(s) shall be required to pa,y a ~ reasona.ble renta.l for the Condominium parcel for the period of time said ; pa:rce~ is occupied by said Unit Owner(s), or anyone by, through or under ~ said Unit Cwner(s~ and Plaintiff in su~h foreclosures shall tie entitled to f the appointment of a Receiver to collect same from the Unit G~ner and/or occupant. ~ In the ca,se o~ a Condominium pe.r~el committed to Interval Gtivnership, F the lien set out above sh~.ll be enforced on~y upon the defaultinq Interval G~~vner, his Ixterval G~vnership and the Unit Weeks thereof (as herein defined? and shall not be enforced aga.inst the znterests and Unit Weeks of ~ other G~vners of Unit Weeks in tha.t Condomiruum parcel. If, for any rea.son, ~ ar~y such lien should be enforced against the entire Condominium parcel so ` . committed and all Intexval C~ivners thereof, any Interval G~vner(s) of the ; - subject parcel payinq the lien sha.ll acquire a lien and the same rights and ¢ means of enforcement herein granted the Association and/or the Marrage- ~ ment Firm upon the defaulting Interval Cwner, his Interval Cwnership and the Unit Weeks thereof, in the amount of such pa.yment made and of the i same priority as the lien paid. { Where the Mortgagee of a Mortga,qe of record, or other purchaser of a Condominium unit, obtains title to a Condominium pe.r~el or an ~ Interval G~vnership as a result of foreclosure or as a result of,a deed given £ in iieu of foreclosure to the Tnstitutiona.l First Mortqage, or if a Martga.gee ~ of re~ord accepts a deed to said Condominium pa,rcel or Interva.l G~vnership ~ _ in lieu of foreclosure, such acquirer of title, its successors and assigns, ~ shall not be liable for the share of common expenses or other assessments ~ , by the Mana.gement Firm or the As~ociatiori per#aininq to such Condominium : pa.rcel or Interval Cwnership, or chargeable to the former Unit Cwner of s such, which became due prio r to acquisitzon of title as a resu~t of the ~ foreclosure, or the accepta.nce of such deed in lieu of foreclosure, unless ~ _ such assessment is secured by a claim of lien for assessments that is ~ recorded prior to the recording of the foreclosed mortga.ge. S'~zch unpaid ~ share of common expenses or assessments shall be deemed to be common ~ expenses co3lectible from all of the Unit.C~uners, includinq such acquire~, q his suc~essors and assigns. E. tiY. R. SCOTT - ~T uw : Any person who acquires an intere~t i~ a pa,rcel or Interval Cwner- ~~~o~~?~,?.?~u~ s~ip, except through foreclosure of a Mortga.ge of record, or by virtue of a , .~u ~^.°R~°,? Mor.tgagee aeceptinc~ a deed to a Condominium parcel in lieu of foreclosure, ~ . . . ~ DII-10 ~ °t ~ _ ~ ~ ~s~r ~ ~ ~ , i:- - - - z ~ ~v ~ - a ~_r-~'~.w' ~ ^ s„' ~ . . s~..~~ _ .