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09-28-2005 Council Agenda
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09-28-2005 Council Agenda
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lien setting forth the amount of assessment, the date due, the amount remaining unpaid, <br />the name of the Owner of the Lot, the name of the person personally obligated to pay <br />the same and a description of the Lot. Such a notice shall be signed by an officer of the <br />Association and may be recorded in the office of the County recorder and/or filed in the <br />office of the Registrar of Titles for Ramsey County, Minnesota. No notice of lien shall <br />be recorded and /or filed until there is a delinquency in payment of the assessment for <br />thirty (30) days. Without limiting other rights which are available at law, such lien may <br />be enforced either by judicial foreclosure by the Association in the same manner in <br />which mortgages on real property may be foreclosed in Minnesota or by foreclosing the <br />lien in the manner prescribed by Minnesota Statutes for the foreclosure of a mechanic's <br />lien. In any such foreclosure, the person personally obligated to pay the lien shall be <br />required to pay all costs of foreclosure including reasonable attorneys' fees. All such <br />costs and expenses shall be secured by the lien being foreclosed. The person <br />personally obligated to pay the lien shall also be required to pay to the Association any <br />assessments against the Lot which shall become due during the period of foreclosure. <br />The Association shall have the right and power to bid at the foreclosure sale or other <br />legal sale and to acquire, hold convey, lease, rent, encumber, use and otherwise deal <br />with the Lot as the Owner thereof. <br />The Association shall, upon written request, report to any lien holder of a <br />Lot any assessments remaining unpaid for longer than thirty (30) days after the same <br />shall have become due; provided, however, that such lien holder first shall have <br />furnished to the Association written notice of such encumbrance. <br />Section 12. Subordination of Lien. The lien of the assessments provided <br />for herein shall be subordinate to the lien of any first mortgage and to tax liens and liens <br />3 <br />8 <br />
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