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09l26l2�08 ] 3:18 '� , {FA�4)65169Q2613 F.012d034 Attachment D 5.8 Foreclosure af L`ren; Remedies. A lien far Assessments rnay be forecIosed against a Unit t�nder the laws of fhe State of Minnesota (i) by action, or (ii) by ad�ertisement in a like manner as a mortgage containiug a pawer of sale. The Assoczation, or �ts authorized representative, sl�all have the power to bid in at the foreclosure sale an�. to acquire, holc�, lease, mortgage and convey any Unit so aequired. The Owner and an� ather Persan c�aimisig an interest in the Unit, by the acceptance or assertion �i any interest in the Unit, grants to the Association a pawer of sale and fi.�l authoriTy to accomplish the foreclosure. The Associa.tion shall, in addrtion fo its other remedies, have the right to puzsue any other rernedy at law or in equity against the Owner who fails to pay any Assessment or c}�a.rge against the Unit. 6.9 Lien Prioniy; Foreclosure. A Lien for Assessments is pridr �o all other liens and encumbrances an a Unit except (i) liens and enc�nbrances recorded before the Declaration; {ii) any first mortgage on the Urut, at�d (iii) liens for real esta#e taxes and ather governmental Assessments or eharges. against the Unit: Notwithsta.�ding the foregoing, if (i} a first mortgage on a Unit is foreclosed, (ii} the iirst mortgage was recorded on or after the date o� recordi�g of this Declarat�on, and (iii) no Owner redeems during the Owner's period of redemption provided by Minnesata Stat�tes Chapters 5&0; 581, or 582, then ihe hoIder of the sheriff's certificate of sale fram the %reciosure of the fu�st mortgage shail take titIe to the LJnit subject tQ a tien in favor of the Associatian for �npaid Assessments or installments thereof Ievied p�suant to Sections S15B.3-115(a), {e)(1) ta (3), (�, and (i) o�fhe Act which became due, without accelerat�on, during the six months immeciiately preceding the fzzst day foilowing the end of the 4wrier's period oi redemption. 6.10 Real Estate Taxes and Assessments. Real estate ta.�ces, specia.l assessments, aild ather char�es an� fees wluch may be levied against the �'ommo� Ele�nenis by gavern�nental authorities, shall be allocated equally among and levied against the Units, and shall be a lien against eac�► Unit ia the same manner as a iien for real estate taxes and specia.� assessments Ievied against the Unit alone. 6.11 Volun Conve a.nces• S'ta.tement of Assessrnents. In a volun#.ary conveyance of a Ur�it, the buyer shall not be personalty liable for any unpaid Assess�nents and at�er charges �nade by the Associatian aga.inst the seller or the seller's [lnit prior to �a titne of conveyance ta the buyer, un�ess expressly asswned by the buyer. However, the lien of such Assessrn�enfs shali remain against the [Tnit until released. Any seller or buyer shall be enti�ied to a statement, in record�.ble form, fram the Associati.on s�tting forth the amaun� af the unpaid Assessments agai�t the CJnit,. including all Assessments payable in the Assaciation's current fiscal year, vvI�ich statement shalI be binc�ng on the Assaciation, selier and buyer. 11