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said Person; (i) except as provided in Section 6.9 and the Act and (ii) except that any <br />unreimbursed Assessments or charges maybe reallocated among all Units in accordance <br />with their interests in the Common Elements. <br />16.4 Priority of Taxes and Other Charges. All taxes, Assessments and charges <br />which may become liens prior to the first mortgage under state law shall relate only to the <br />individual Units and not to the Property as a whole. <br />16.5 Priority for Condemnation Awards. No provision of the Governing <br />Documents shall give an Owner, or any other party, priority over any rights of the <br />mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Owner <br />of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or <br />the Common Elements. <br />16.6 Access to Books and Records/Audit. Mortgagees shall have the right to <br />examine the books and records of the Association upon reasonable notice and during <br />normal business hours, and to receive free of charge, upon written request, copies of the <br />Association's annual reports and other financial statements. Financial statements, <br />including those which are audited, shall be available within one hundred twenty days <br />after the end of the Association's fiscal year. <br />SECTION 17 <br />MISCELLANEOUS <br />17.1 Severability. If any term, covenant, or provision of this instrument or any <br />exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, <br />such determination shall not be deemed to alter, affect or impair in any manner <br />whatsoever any other portion of this Declaration or exhibits attached hereto. <br />17.2 Construction. Where applicable, the masculine gender of any word used <br />herein shall mean the feminine or neutral gender, or vice versa, and the singular of any <br />word used herein shall mean the plural, or vice versa. References to the Act, or any <br />section thereof, shall be deemed to include any statutes amending or replacing the Act, <br />and the comparable sections thereof. Any amendment to the Act shall retroactively apply <br />to the Association and the Property, except as expressly prohibited or qualified by the <br />Governing Documents. <br />17.3 Notice. Unless specifically provided otherwise in the Governing <br />Documents or the Act, all notices required to be given by or to the Association, the <br />Board, the Association officers, or the Owners or Occupants shall be in writing and shall <br />be effective upon hand delivery, or mailing if properly addressed with postage prepaid <br />and deposited in the United States mail; except that registrations pursuant to Section 2.2 <br />of the Bylaws shall be effective upon receipt by the Association. <br />29 <br />