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pf_02229
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Last modified
7/17/2007 11:45:32 AM
Creation date
12/8/2004 10:53:52 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2229
Planning Files - Type
Planned Unit Development
Address
2400 DALE ST N
Applicant
ROTTLUND COMPANY, INC.
Status
APPROVED
PIN
122923320002
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<br />and for a reasonable charge. furnish a certificate signed by an officer of the <br />Association setting forth whether the assessments on a specified Lot have been <br />paid. A properly executed certificate of the Association as to the status of <br />assessments on a Lot is binding upon the Association as of the date of its <br />issuance. <br /> <br />Section 8. Effect of Non-Pavment of Assessment: Remedies of Association. <br /> <br />(a) If any assessment provided for herein is not paid on the <br />date when due. then such assessment shall become delinquent and <br />shall. together with such interest thereon and costs of collection <br />thereof. as hereinafter provided. thereupon become a continuing lien <br />on such Lot or Lots which shall be enforceable in the manner <br />hereinafter set forth. Such lien shall run in favor of the <br />Association and shall be superior to all other liens and <br />encumbrances on such Lot except for the following: <br /> <br />(i) Liens for general real estate taxes and special <br />assessments levied by any governmental authority; and <br /> <br />(ii) The lien of any first mortgage as provided in <br />Section 9 hereof. <br /> <br />(b) All other lienors acquiring liens on any Lot after this <br />Declaration shall have been filed or recorded and whose liens shall <br />also have been filed or recorded. shall be deemed to consent that <br />their liens shall be and remain inferior to future liens provided <br />for herein whether or not such consent has been expressed in the <br />instruments creating their liens. <br /> <br />(c) To evidence a lien for sums assessed pursuant to this <br />Article. the Association may prepare a written notice of lien <br />setting forth the amount of the assessment. the date due. the amount <br />remaining unpaid. the name of the Owner of the Lot and a description <br />of the Lot and file or record the same. but such notice of lien <br />shall not be filed or recorded until such assessment has been wholly <br />or partially unpaid for at least thirty (30) days from the date <br />due. Such lien may be enforced and foreclosed either by judicial <br />foreclosure by the Association in the same manner in which mortgages <br />on real property may be foreclosed in Minnesota or by foreclosing <br />the lien in the manner prescribed by Minnesota Statutes for the <br />foreclosure of a mechanic's lien. All persons or parties holding a <br />record interest in the Lot shall be served with notice of the <br />foreclosure. Each Owner. by acceptance of a deed for any Lot. does <br />further hereby give full and complete power of sale to the <br />Association and does consent to a foreclosure of the assessment lien <br />by advertisement. In the event of any such foreclosure. and in the <br />further event that the Association shall prevail in any such <br /> <br />-6- <br />
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