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HomeMy WebLinkAbout2634 f D. Lien. The Condominium~Association, by virtue of its execution of this Declaration, and each Unit Owner by.virtue of taking title to a Condominium Parcel, agree that to secure the Unit Owner's obligation to pay assessments, the Property Owners' Association shall have a lien on each Condominium Parcel and all tangible personal property located in each Condominium Unit in this Condominium as provided in the Arbicles of Incorporation, Bylaws and Covenants and Restrictions of the Property Owners' Association. Said lien shall be effective from and when recorded in the Public Records of St. Lucie County, Florida. Where the holder of an institutional mortgage of record, or other purchaser of a Condominium Unit, obtains title to a Condominium Unit as a result of foreclosure or the institutional mortgagee of record accepts a deed to said Condominium Unit in lieu of foreclosure, such acquirer of title, its successors and assigns, shall not be liable for the share of Common Expenses or assessments by the Property Owners' Association pertaining to such Condominium Unit, or chargeable to the former Unit Owner of such Unit, which became due prior to acquisition of title as a result of the foreclosure, or the acceptance of such deed in lieu of foreclosure unless the share is secured by a claim of lien recorded prior to the recording of said mortgage. Any person who acquires an interest in a Unit (except through foreclosure of an institutional mortgage of record or deed in lieu thereof as specifically provided in the paragraph immediately preceding) including, without limitation, persons acquiring title by operation of law, such as purchasers at judicial sales, shall not be entitled to occupancy of the Unit, until such time as all unpaid Property Owners' Association assessments due and owing by the former Unit Owner have been paid. E. Covenants. Each Unit Owner, his heirs, successors and assigns, shall be bound by said Articles of Incorporation, Cove- , nants and Restrictions and Bylaws of the Property Owners' Associ- ation to the same extent and effect as if he had executed said documents for the purposes therein expressed, including but not limited to: i (1) Subjecting all of his right, title and interest in his Condominium Parcel and tangible personal property therein, to the lien rights granted to the Property Owners' Association in I said documents. ~ (2) Adopting, ratifying, confirming and consenting to the execution of said documents by the Association. (3) Covenanting and promising to perform each and ~ every one of the covenants, promises and undertakings to be performed by Unit Owners in the cases provided therefor in said documents. ~ (4) Ratifying, confirming and approving each and every ~ provision of said docur.~ents, and acknowledging that all of the terms and provisions thereof are reasonable. (5) Agreeing that the persons acting as Directors and Officers of the Property Owners' Association entering into such ~ documents have not breached any of their duties or obligations to the Property Owners' Association. 4 (6) It is specifically recognized that some or all of the persons comprising the original Board of Directors and Officers of the Property Owners' Association are or may have an interest in or be employed by the Developer, and that such circumstance -22- fr,-321?~~ f : ~1! t