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pf_02229
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Entry Properties
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 />foreclosure, the person personally obligated to pay the same shall <br />be required to pay all costs of foreclosure, including but not <br />limited to, reasonable attorneys' fees. All such costs and expenses <br />shall be further secured by the lien being foreclosed. The person <br />personally obligated to pay such lien shall also be required to pay <br />the Association any assessments against the Lot which shall become <br />due during the period of foreclosure. The Association shall have <br />the right and power to bid at the foreclosure sale or other legal <br />sale and to acquire, hold, convey, lease, rent, encumber, use and <br />otherwise deal with the Lot as the Owner thereof. <br /> <br />A release or satisfaction of the notice of lien shall be <br />executed by an officer of the Association and recorded or filed upon <br />payment of all sums secured by such lien. <br /> <br />. (d) Any encumbrancer holding a lien on any Lot may pay, but <br />shall not be required to pay, any amounts secured by the lien <br />created and authorized by this Section and, upon payment of such <br />sums, such encumbrancer shall be subrogated to all rights of the <br />Association with respect to such lien, including but not limited to, <br />priority as to any other lien or interest in such Lot. <br /> <br />(e) Any assessment not paid within thirty (30) days after the <br />due date shall bear interest from the due date until paid at the <br />rate of eight percent (8%) per annum. No Owner may waive or <br />otherwise escape personal liability for the assessments provided for <br />herein by abandonment of his or her Lot. Suit to recover a money <br />judgment for such assessments, with costs of collection and interest <br />as provided for herein, shall be maintained by the Association <br />without foreclosing or waiving the lien securing the same. <br /> <br />Section 9. Subordination of the Lien to Mort2a¡es. The lien of the <br />assessments provided for herein shall be subordinate to the lien of any first <br />mortgage now or hereafter placed on any Lot subject to assessment; provided <br />that such subordination shall apply only to the assessments which have become <br />due prior to the sale or transfer of a Lot pursuant to the remedies provided <br />in a first mortgage on such Lot or pursuant to mortgage foreclosure or any <br />deed or proceedings in lieu thereof and the expiration of any applicable <br />period of redemption. Accordingly, the sale or transfer of any Lot pursuant <br />to the remedies provided in a first mortgage on such Lot, or pursuant to <br />mortgage foreclosure or any deed or proceeding in lieu thereof, shall <br />extinguish the lien of such assessments as to payments which become due prior <br />to such sale or transfer and the expiration of any applicable redemption <br />period, and any first mortgagee who so obtains title to a Lot or any purchaser <br />at any such foreclosure sale will not be liable for any unpaid assessments <br />which accrue prior to the acquisition of title to such Lot by the mortgagee or <br />purchaser and the expiration of any applicable redemption period. No such <br />sale or transfer, however, shall relieve such Lot from liability for any <br /> <br />-7- <br />
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