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<br />limited solely to the Owner and Occupant of the Lot to which it is attached. <br />ARTICLE V <br />COVENANTS FOR ANNUAL ASSESSMENTS <br />AND SPECIAL ASSESSMENTS <br /> <br />Section 1. Creation of the Lien and Personal Obligation of Assessments. <br />The Declarant, for each Lot owned by it within the properties, hereby covenants, and each <br />Owner of any Lot subject to this Declaration by acceptance of a deed therefore, whether or <br />not it shall be so expressed in any such deed or other conveyance, shall be and hereby is <br />deemed to covenant and agrees to pay the Association: (a) annual assessments or charges, <br />(b) special assessments, and (c) insurance assessments, such assessments to be fixed, levied, <br />established and collected from time to time as hereinafter provided. The annual, special, and <br />insurance assessments, together with fees, charges, late charges, fines, interest imposed by the <br />Association pursuant to Section 5158.3-102(a) (l0) (II) and (12) of the Act, costs of <br />collection thereof and reasonable attorney's fees, shall be a charge on each such Lot and shall <br />be a continuing lien on each such Lot against which such assessment is made. Each such <br />assessment, together with interest thereon, costs of collection thereof and reasonable attorney's <br />fees, shall be a personal obligation of the person or legal entity who was the Owner of each <br />such Lot at the time when the assessment became due. The personal obligation for delinquent <br />assessments shall not pass to such Owner's successor in title to the Lot against which such <br />assessment was made unless expressly assumed by such successor. Filing of this Declaration <br />constitutes record notice and perfection of any lien under this Article, and no further filing of <br />any notice of or claim for the lien is required. <br /> <br />Section 2. Purpose of Assessments. The assessments for Common <br />Expenses levied by the Association shall be used exclusively for the purposes of promoting <br />the pleasure, health, safety and welfare of the residents of the properties and, in particular, for <br />the maintenance of the property, services and facilities devoted to this purpose and related to <br />the use and enjoyment of the improvements erected upon each Lot. An adequate reserve fund <br />shall be maintained for maintenance, repairs and replacement of the elements of the properties <br />which must be maintained, repaired or replaced by the Association on a periodic basis, <br />including, without limitation, roofs, exterior wall surfaces and driveways. <br /> <br />Section 3. Basis of Annual Assessments. Annual assessments shall be <br />levied on the basis of number of Lots assuming one building per Lot. <br /> <br />Section 4. Maximum Annual Assessments. Until January I , 2001 the <br />maximum annual assessment shall be Nine Hundred and NollOOths ($900.00) Dollars per <br />Lot. From and after January I , 200 I the maximum annual assessment may be increased <br />each year by the greater of six percent (6%) or the percentage increase during the previous <br />12 month period (as measured from the date on which the Board of Directors fixes such <br />annual assessment pursuant to Section 8 hereof) in the Consumer Price Index. "All Urban <br />Consumers", published for the Minneapolis/St. Paul metropolitan area by the U.S. Department <br />of Commerce, Bureau of Labor Statistics ("CPI") or such other index as may be published in <br />the future by the Federal Government as replacement for the CPI, provided, however, that such <br />maximum annual assessment may be increased above the amount of any such increase on the <br />CPI by a vote of members holding two-thirds (2/3) of the votes in each class of voting <br />membership who are voting in person, by proxy, or by mail at a meeting duly called for that <br />purpose. The Board of Directors may fix the annual assessment at any amount not in excess <br />of the maximum. Notwithstanding anything to the contrary in this Article V, if a Common <br />Expense assessment has been levied, any Lot owned by Declarant for initial sale shall be <br />assessed at the rate of 25% of the assessment levied on other Lots of the same. type until a <br />certificate of occupancy has been issued with respect to such Lot by the municipality in which <br /> <br />6 <br />