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49l261Z�08 13:47 {FAH)6515902613 P.03�l034 <br />Attachment D <br />I6.2 No Right oi F_irst Refiisa�. The right of an Ovvner to sell, transfer or <br />otiherwise convey l�is or her Unit shall not be subjecti to an}� right of first refusal or similar <br />restricfions. <br />1b.3 1?riority of Lien. Any Person �ho comes intc� possession of a Unit by <br />foreclosure of th� first mortgage on a Unit, or by deed or assignment in lieu of <br />foreclosure of the first rnortgage on a TJnit, takes the Unit free of any claims for unpaid <br />Assessments or any other charges or liens imposed against the Unit by the Association <br />which f�ave accrued against such Unit priar fo the acquisition of possessian of the Unit by <br />said Person; (i} except as provided in Seetion 6.9 and the Act and (ii) except that any <br />unzeir�bursed Assessments or charges �nay be reallocated among ail Units in aecorc�nce <br />wrth thei� Commo� Expense obligations. <br />16.� Frioriiy of T�es and Other C�ar�es. Ali taxes, Assessrnents. at�d charges <br />which m�.y become liens grior to the first mortgage under state Iaw sha11 relate only to the <br />individual Units and not to the Propert� as a whale. <br />16.5 Priority for Condemnation Awards. No }�rovision of fhe Governing <br />Documents sha.il 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 candemnatian awards for losses to or a t�king. oi the U�it at�dlar <br />the Comrnan Elernents. <br />1b.6 Access to Books .and Records/Audit. Mortgagees sha11 have the right ta <br />�xamine the books and records of the Association upon reasonable natice and d��ring <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 />incTuding those which are audited, s�ali be available within �ne hundred twenty ciays <br />after the end of the Association's fiseal year. <br />SECTION 17 <br />NIISCELT.,ANEOUS <br />I7.1 Severabiliiv. If any term, covc�nant, or pravision of this instrument or any <br />exhibit attachecl hereto is held to be invalid or unenforceable for any reason whatsoever, <br />such determinafion shall not be deemed to alter, a.ffect or impair in any manner <br />whatsoever any ather portian of this Declarataan or exhibits attached hereto. <br />17.2 Camstruc.t�on. Where applicable, the masc�ine gender of any word used <br />herein sha11 mean the feminine or neutral gender, or vice versa, and the singiilar of any <br />word used herein shatl mean the plural, or vice versa. References. to the Act, or an.y <br />sectian thereof, shall be deemed to inc�ude any statt�tes amend�ng or repIacing the Act, <br />and the comparablc sections thereof Any amendrnent to the Act s�all retroactively apply <br />to the AssQCiation and the Property, except as expressly prohibited or quaiified by the <br />Governing Docu�rents. <br />� <br />