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<br />First Mortgagees as set out in Article XII hereof; provided, <br />however, that no amendment shall be made or be effective which <br />affects, in any way, any of the rights of Declarant as set out in <br />this Declaration or In t~~ Bylaws, including, without limitation, <br />Special Declarant Rights, the rights set out in Articles II and <br />XIV and in Sections 3.4. and 4.3. of the Declaration, and the <br />rights set out in Article VI of the Bylaws, without Declarant's <br />prior written consent, except that such consont shall not be <br />required as to any right of Declarant which has expired or has <br />been waived by Declarant pursuant to a specific provision of the <br />Declaration or Bylaws, and except that such ~on8ent shall not be <br />r~quir~d for any amendment made after Declarant is no longer a <br />Unit OWner. During such time that Declarant retains control of <br />the Association, any amendment to this Declaration shall be <br />subject to approval by the Veterans Administration. <br />ARTICLE XII. <br />Rights of First Mortgagees <br />The following provisions shall take precedence over all <br />other provisions of this Declaration and the Bylaws: <br />12.1. Notice. Each First Mortgagee and each insurer or <br />guarantor of a First Mortgage, upon written request stating its <br />name and address and describing the Unit in which it holds an <br />interest, shall be entitled to timely written notification by the <br />Association of (i) any default under this Declaration or the <br />Bylaws by the Unit OWner of the Unit to which its First Mortgage <br />applies that remains uncured for sixty (60) days. (ii) any lapse. <br />cancellation or material modification of any insurance policy or <br /> <br />-28- <br />